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27 June 2022 | Story Sivuyisiwe Magayana | Photo Supplied
Sivuyisiwe Magayana
Sivuyisiwe Magayana is the Senior Officer: Gender Equality and Anti-Discrimination Office in the Unit for Institutional Change and Social Justice, University of the Free State (UFS).

Opinion article by Sivuyisiwe Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State.
South Africa is one of the most progressive countries in advancing the rights of sexual and gender minorities in Africa, and its Constitution is the first in the world to prohibit unfair discrimination on the grounds of sexual orientation . But even though South Africa's Constitution guarantees all citizens' rights, many factors still conspire to make transgender and gender-diverse persons particularly vulnerable to life-threatening marginalisation, oppression, violence, and exclusion. Some of these factors include access to education, socioeconomic status, health status, stigma, housing, and discrimination. Because of these and many other factors, the delicate topic of how South African communities and institutions of higher learning treat sexual and gender minorities, particularly the transgender community, is one area that still demands considerable attention. Transgender and gender-diverse students continue to be marginalised, neglected, mistreated, harassed, and silenced because of their gender identity; as a result, universities must develop policies and tactics to combat transphobia and transcend the gender binary.

A spiral of exclusion and marginalisation of trans and gender-diverse students in institutions of higher education

University communities around the world have seen an increase in the number of persons who identify as transgender, gender-diverse and non-binary. As a result they have experienced equally increased enrolment of trans and gender-diverse students. However, it appears that universities are not comprehensively ready to meet the needs of trans and gender-diverse students. While universities acknowledge trans and gender-diverse people, they do so in ways that sustain societal beliefs of underlying gender distinctions and heterosexuality. South African institutions are largely heteronormative, resulting in an institutional setting that is not prepared to meet the needs of transgender and gender-diverse people. Institutions continue to operate under the premise of catering to cisgendered individuals, subjecting those who deviate from this to institutional and social alienation and discrimination. Institutions are fixated on societal distinctions between men and women, which are a primary source of social categorisation and, as a result, feed differentiation and inequality in everyday cultural practice and processes. The binary categorisation excludes transgender and gender-diverse people. Not only is this categorisation hostile, but it also silences and erases the above-mentioned individuals.

As a result, trans and gender-diverse persons experience multiple forms of marginalisation, exclusion, and discrimination in institutions of higher learning, including being denied access to or questioned within campus housing and facilities, harassment, bullying, and alienation – because of their gender identity and expression. Moreover, trans students are faced with being exposed to university systems that lack knowledge about trans persons and issues altogether, including challenges with their forms, such as applications that do not recognise and cater for students that identify outside of the gender binary. Exclusion and marginalisation are also evident in the lack of gender-inclusive residences and facilities, which demonstrates resistance and slow progress towards inclusivity. As a result, some trans students are subjected to aggressive treatment in residences because of a life they did not choose. For instance, trans students who identify as transmen must be placed in women's residences because their official documents still reflect that they are female; similarly, transwomen are placed in male residences. This placement system exposes them to bullying, harassment, and violence from other students who do not “feel at ease” or “safe” among transgender people – because they do not understand the concept of “transitioning”. 

Also, in cases where students must share a room, cisgender female students are paired with transmen in female residences, and when the former expresses any discomfort or feelings of unsafety, the transgender or gender-diverse is more likely to be removed and placed in another residence; it is never the other way around. For people who identify as transgender or gender-diverse, this requires an ongoing negotiation of space. 

Trans persons are evidently caught in a spiral of exclusion and marginalisation, as they are often rejected – not just by their families, but also by the system and by the very institutions that are supposed to equally advance and cater for everyone, regardless of their gender identity, sex, and sexual orientation. 

The violence experienced by trans persons and strategy of invisibility within and outside of universities.

Despite South Africa's constitutional and legislative provisions against discrimination based on gender, gender identity, and sexual orientation, transgender people continue to be violated and become victims of transphobic violence and discrimination. These acts are motivated by society's preconceived notions of what a trans person's gender identity should and should not be. For example, our communities and our institutions of higher learning currently represent a stern heterosexual matrix in which a hegemonic social order posits that all persons should and/or must have a set gender and sexual identity.

This creates a scenario in which those who present gender diversity are perceived to be foreign, “responsible for the collapse of African traditional values” or “un-African”, and are shamed and become victims of violence because they are “not God’s creation”. Many in our society believe that being transgender is a violation of “God's natural order and creation”, which then exposes people outside the gender binary to varying forms and levels of physical, verbal, and emotional violence. These forms of violence impact and trample on their human rights and dignity, self-esteem, and academic progress. As a result, universities lose these students to other institutions that they perceive to be better, more inviting, transformed, and inclusive.

For their safety and wellbeing, trans persons hide and remain invisible to avoid violence, bullying, and discrimination. They do this because society and institutions want them to exist in silence so that the “natural” order of existence in their communities and institutions is not disrupted. As a result, their use of invisibility protects them from humiliation, bullying, transphobia, and general exclusion from social activities that other people enjoy regardless of gender identification.

Way(s) forward
Universities are a direct reflection of our societies. Transphobia attacks, harassment, and discrimination are on the rise in communities across South Africa, and students are more likely to imitate these behaviours that replicate where they come from. As a result, it is past time for institutions to develop safe spaces for everyone, especially gender minorities. Universities should lead the charge for change, but they remain some of the most unaltered and unsafe spaces for people who identify differently. Universities continue to explicitly fight other societal ills such as racism and gender imbalance, but there is still a long way to go in the fight against homophobia and transphobia. Therefore, universities must strengthen their efforts to combat homophobic and transphobic prejudice, discrimination, and violence through policy formation and reformation, advocacy, and awareness campaigns denouncing such treatment.

Additionally, higher education institutions are strongly gendered spaces; they are physically and symbolically divided along gender lines, and remain weaved in the normalised construction of a gender binary. Universities must abandon a binary perspective, adopt and execute gender-inclusive policies, and provide gender-inclusive facilities and housing. They must encourage equality for all, rather than viewing institutions of learning through a gender binary perspective.

News Archive

Protection of Information bill- opinions from our experts
2011-11-28

Prof. Hussein Solomon
Senior Professor in the Department of Political Science at the University of the Free State. 

In recent years, given their failure to effectively govern, the ANC has become increasingly defensive. These defensive traits have become particularly acute in light of the various corruption scandals that members of the ruling party involve themselves in.
 
Given the fact that for now they are assured of an electoral majority (largely on account of their anti-apartheid credentials), coupled with the fact that they have managed to make parliament a rubber stamp of the executive as opposed to holding the executive accountable, it is the media which has increasingly held the ruling party to account by exposing such corruption and incompetence in government.
 
The passing of the information bill, therefore, is not merely an attack on the media, but an attack on the pivotal issue of accountability. Without accountability, there can be no democracy.
 
By defining national interest broadly, by refusing to accept a public interest clause in the bill, the ANC increasingly shows its disdain to South Africa's constitution and its citizens.
 
More importantly, as former Minister of Intelligence and ANC stalwart Ronnie Kasrils pointedly makes clear, the ANC is also betraying its own noble struggle against the odious apartheid regime. It was the media which played a key role in exposing apartheid's excesses, it is the same media which is coming under attack by the heirs of PW Botha's State Security Council - Minister of State Security Siyabong Cwele and his security apparatchiks whose mindsets reflect more Stalin's Gulag's than the values of the Freedom Charter.
 
The passing of this bill is also taking place at a time when journalists have had their phones attacked, where the judiciary has been deliberately undermined and parliament silenced.
 
Democrats beware!

 
Prof. Johann de Wet
Chairperson: Department of Communication Science 
 
The ANC’s insistence on passing the Protection of State Information Bill in its current form and enforcing it by law, means that the essence of our democratic state and the quality of life of every citizen is at stake.
 
Yes, our freedom as academics, researchers, mass media practitioners and citizens comes into play. Freedom implies the right to choose and is, along with equality, an underlying principle which helps make democracy happen. While the South African state needs to protect (classify) information which could threaten its security and/or survival, the omission of a public interest clause in the Bill at this stage effectively denies a citizen the right to freedom of information.
 
 Freedom of information, along with press freedom, freedom of speech, freedom of assembly, freedom of association and religious freedom, are essential to democracy. These freedoms are granted because they conform to basic liberal ideas associated with (Western) democracy and which resonate with South Africa’s liberal constitution, such as (1) belief in the supreme value of the individual (and thus not of the state); (2) belief that the individual has natural rights (rights which belong to all human beings by nature – such as the right to life and to control government)) which exist independently of government, and which ought to be protected by and against government; and (3) recognition of the supreme value of the individual. 
 
One wonders how many cases of South African government corruption and mismanagement would have been uncovered by investigative journalists over the past number of years if this Bill in its current form was on the statute books. This Bill represents a backward step from the promise of democracy of having an informed public. The former National Party government had similar laws in place and one does not want to go there again. The infamous Information Scandal in South Africa of some thirty years ago, or Muldergate as it has come to be known, reminds one of what governments can do when it works clandestinely.
 
What South Africans need, is more information on what government structures are doing and how they are doing it with taxpayers’ money, not less information. While information in itself does not equal communication or dialogue, it is an indispensable part thereof, and the need for dialogue based on verifiable information is urgent for meeting vexed challenges facing South African communities. Academics in all fields of specialisation are constantly in need of untainted information to pursue answers and/or offer solutions to where South Africa should be moving in all spheres of life.

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