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24 March 2022 | Story Portia Arodi | Photo Supplied
Portia Arodi
Portia Arodi, Interdisciplinary Master’s in Human Rights, Free State Centre for Human Rights, Faculty of Law

Opinion article by Portia Arodi, Interdisciplinary Master’s in Human Rights, Class of 2022 Free State Centre for Human Rights, Faculty of Law, University of the Free State.
Human Rights Day means different things to different people. For some people, Human Rights Day means commemorating the day of the 1960 massacre when 69 people were shot and killed by police in Sharpeville.   In my opinion, Human Rights Day not only symbolises the historical events that occurred in 1960, but it also provides evidence of the inequalities that currently exist in South Africa.   The labour market in South Africa is still racialised and gender biased. The black majority in the labour market earns way less than their white counterparts, even though both are immersed in the same working conditions. According to Statistics South Africa (2015), the differences in the income of South Africans remain heavily racialised. Furthermore, since 1994, bridging the gap between gender and race continues to be a struggle. On the other hand, black women experience the same inequalities as their male counterparts. The difference is that black females are subject to double discrimination, based not only on their race, but on their gender as well. Despite occupying the same positions as males and assuming similar duties and workload, their salaries remain low. 
  
Human rights in an unequal society

On the other hand, for some categories of people – namely the elite and those in power – Human Rights Day amounts to a democratic South Africa, a country where the constitution is the supreme law of the land and where everyone (without exception) enjoys freedom and human rights. For this particular section of the ruling class and elite, Human Rights Day attests to the effective transition from the apartheid era to a democratic society characterised by freedom, equality, and dignity for all.

For those who lack access to basic needs such as water, food, shelter, health care, electricity, and sanitation, their perception of Human Rights Day may be very different, as they live in poverty with no promising future prospects.  In fact, for the larger section of the population, democratic South Africa is nothing but a burden that does not have much to offer.  Indeed, how to explain that in 2022, the black majority still relies on the bucket system for sanitation; how to understand that to date, they still survive in squatter camps and go through days and nights on an empty stomach? 

It is my contention that the celebration of Human Rights Day has failed to consider a holistic approach to highlighting and raising awareness on critical issues, including poverty and inequality. The realisation of socio-economic rights by authorities exists only on paper but is yet to be done effectively. The provision of service delivery, health-care services, infrastructure, the right to food, education, and other basic needs remains characteristic of modern South African society. From this perspective, it means that we are celebrating one part while neglecting the other.

Would it be fair to celebrate Human Rights Day when there are still children studying under trees?
Would it be fair to celebrate Human Rights Day when there are children going to school without food?
Would it be fair to celebrate Human Rights Day when there are children who are not able to go to school or receive basic education?
Would it be fair to celebrate Human Rights Day when racism is still occurring in our schools and workplaces?
Would it be fair to celebrate Human Rights Day when children are being raped by their teachers at school?
Would it be fair to celebrate Human Rights Day when some universities are still using Afrikaans as their primary language?
Would it be fair to celebrate Human Rights Day when our students are being deprived of education due to the mandatory vaccination policy?
Would it be fair to celebrate Human Rights Day when white privilege still exists among university students?

Is Human Rights Day still worth commemorating?

What are we celebrating on Human Rights Day?  Are we celebrating the achievements of the minority population? Are we celebrating the few changes that have occurred since the advent of a democratic South Africa? Are we celebrating the Fees Must Fall movement that occurred in a contest where some students who were fighting for free education were arrested, shot, and even killed? Are we simply referring to what occurred in 1960? Why are we not celebrating the Fees Must Fall movement? Why are we not celebrating the Rhodes Must Fall movement? Why are we not celebrating the Steyn Must Fall movement? 

On 21 March 2022:

We need to celebrate the Fees Must Fall movement.  
We need to celebrate the Rhodes Must Fall movement.
We need to celebrate the Steyn Must Fall movement.
We need to fight for the voiceless. 
We need to get commitment from government to abolish the use of the bucket system.
We need to get a commitment from government to build more schools, hospitals, shelters, roads, and other infrastructure.
We need to get commitment from government to hire more teachers. 
We need to get commitment from government on protection against racism that occurs in schools and universities. 

We need to get commitment from government regarding the abolition of the mandatory vaccination policies at universities.

On Human Rights Day, let us evaluate whether the Constitution of South Africa is protecting and safeguarding the rights of all human beings, irrespective of their gender, race, ethnic group, socio-economic status … etc.  Is this the democratic South Africa we would want our children and great-grandchildren to have in 50 years? If not, then we have a responsibility to find better ways in which the Constitution of South Africa functions as intended. 

News Archive

Council on Higher Education LLB qualification review not yet complete
2017-05-16

The reaction from various stakeholders following the ‘Outcomes of the National Review of the LLB Qualification’ by the Council on Higher Education (CHE) on 12 April 2017 requires the CHE to clarify that the national review process has not been completed and is ongoing.

The peer-review process conducted under the auspices of the CHE is based on the LLB Standards Document which was developed in 2014-2015 with input from higher-education institutions and the organised legal profession. Following self-review and site visits by peers, the process is now at the point where commendations and shortcomings have been identified, and the statement of 12 April reflects those findings. All law faculties and schools have been asked to improve their LLB programmes to meet the LLB Standard, and no LLB programme has been de-accredited. All institutions retain the accreditation they had before the Review process began and all institutions are working towards retaining their accreditation and improving their LLB programmes.

The South African Law Deans’ Association (SALDA) has issued a set of responses regarding the LLB programme review. The following questions and answers were published to give more clarity on the questions raised.

1.    What is the effect of a finding of conditional accreditation?
The programme remains accredited.

(“Accreditation refers to a recognition status granted to a programme for a stipulated period of time after an HEQC evaluation indicates that it meets minimum standards of quality.”)

The institution must submit a progress report by 6 October 2017 that indicates how short-term aspects raised in the HEQC reports have been addressed and an improvement plan to indicate how longer-term aspects will be addressed.

2.    What is the effect of a finding of notice of withdrawal of accreditation?
The programme remains accredited.

The institution must submit an improvement plan by 6 October 2017 to indicate how the issues raised in the HEQC report will be addressed, including time frames.

3.    How does the finding of notice of withdrawal affect current students?
Students currently enrolled for the LLB programme at any institution are not affected at all. They will graduate with an accredited qualification.

4.    How does the finding of notice of withdrawal affect new applicants?
The programmes remain accredited and institutions may enrol new students as usual. This also includes students completing BA/BCom (Law) programmes who wish to continue with the LLB programme.

5.    How does the finding of notice of withdrawal affect prior graduates?
Degrees previously conferred are not affected.

6.    What happens when the improvement plans are submitted in October 2017?
The CHE will evaluate the plans when they are submitted, and the programmes remain accredited until a decision is taken whether the improvement plan is sufficient and has been fully given effect to or not. The institutions will have to submit progress reports to the CHE indicating implementation of measures contained in the improvement plan.

Should a decision at some stage be taken that a programme’s accreditation must be withdrawn, a teaching-out plan would be implemented so that all enrolled students would have the opportunity to graduate with an accredited degree.

For more information on the CHE’s pronouncement please contact Moleboheng Moshe-Bereng on MosheBerengMF@ufs.ac.za.

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