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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

Dean of Law appointed for second term as acting judge in the Free State High Court
2017-02-17

Description: Prof Nicholson  Tags: Prof Nicholson

Prof Caroline Nicholson, Dean of the Faculty of Law

The Dean of the Faculty of Law, Prof Caroline Nicholson, has been re-appointed by the Judge President of the Free State High Court, Judge Mahube Molemela, to serve a full term in 2017 as an acting judge. This will be her second term, as she served in the same position in early 2016, and it is such, a testament to her outstanding work. Her re-appointment is a source of pride not only to the University of the Free State, but the city of Bloemfontein, and the region as a whole.

Since taking up the position of Dean in 2015, Prof Nicholson has demonstrated exceptional leadership, and continues to take great strides in developing the Faculty’s internal and external programmes. “I am delighted that the University has facilitated my taking advantage of this opportunity. During this term, I will be exposed to a diversity of legal matters both civil and criminal, some of which I was not exposed to during my previous acting period. The exposure to the practical aspects of the law from the perspective of the Bench will inform my decisions regarding curriculum review and development, at a time when the faculty is actively engaged in ensuring that curriculum content is both relevant and context-appropriate,” said Prof Nicholson.

She adds that her appointment as acting judge will strengthen the Faculty’s positive relationship with the legal profession and, especially with the Bench. It will also benefit the Faculty, its staff and students.  In 2015, the Faculty partnered with the International Association of Women Judges (Free State Chapter), to host a dinner, which will be hosted again this month. The association brought to the fore new ventures into the involvement of women judges in an advisory capacity and sharing of expertise. In 2016, members of the association began to enact this role.

Judge Molemela and Judge Azhar Cachalia of the Supreme Court of Appeal accepted appointments to the Advisory Board of the Free State Centre for Human Rights. Judge Khalipi “Jake” Moloi of the Free State High Court in Bloemfontein, gave trial advocacy tips to teachers, coaching the Schools Moot Court Competition. Prof Nicholson said: “It is hoped that more opportunities will arise to increase interaction between students and the judiciary, both are eager for this to happen. I am also learning a great deal and am once again enjoying the collegial and supportive environment that my colleagues create at the High Court.”

Prof Nicholson holds an LLD from University of South Africa, and has published several research articles in accredited journals, with a special interest in Family Law and children’s rights.

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