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Black men take a page out of their own oppression to marginalise black women in higher education

12 May 2022 | Story Nombulelo Shange | Photo Andre Damons

adnombulelo5 copy — Nombulelo Shange is a lecturer in the department of sociology at UFS and Chairperson of the University of the Free State Womxn’s Forum.

Opinion article by Nombulelo Shange, Lecturer in the Department of Sociology at the University of the Free State and Chairperson of the University of the Free State Women’s Forum.

If black men have faced the worst of fates, then black women have also placed their lives and bodies on the line. Black women have stood by black men, marched with them, nurtured, and guided them, only to be rejected and oppressed by them. Even while mired in racial-patriarchal oppression, black women still find ways to thrive. One of the places where we see this tragedy play itself out in the most vulgar of ways is within higher education in South Africa.

The irony of this is that universities are supposedly spaces for knowledge production, acceptance, and collective engagement. The unspeakably painful irony of this is that universities have been spaces in which black men have made important strides in advancing democracy. Black men were, for example, leaders in the South African Students’ Organisation, which was rooted in Black Consciousness ideology. Today discourses on decoloniality often echo statements by luminaries such as Steve Biko. So it hurts that those black men have not learnt to value the contributions and leadership of black women at every step of the blood-stained march to freedom, even in the hallowed halls of universities.

At every turn black women in higher education have to navigate tremendous obstacles in order to make it to senior positions. Many move to other industries, hoping to find acceptance. Others reluctantly give up such ambitions and find meaning in junior roles.

Black female leaders facing challenges

It is worth thinking of this when remembering how, in 2014, Prof Nthabiseng Ogude was pushed out of office after only serving two years of her five-year contract as vice-chancellor of Tshwane University of Technology. She was portrayed as being aloof, not engaging with unions and not being close to students.

The University of Cape Town’s Vice-Chancellor, Prof Mamokgethi Phakeng, has also been met with misogynistic attacks that included having her qualifications questioned. Few lauded her professorship, and fewer commented on the patriarchal obstacles she would have had to overcome to progress in the manner she has. Despite the questioning of her qualifications, Prof Phakeng has managed to cement UCT’s top ranking among universities on the continent.

More recently, the University of South Africa’s first black woman leader, Prof Puleng LenkaBula, has been placed at the fore of the hit list of sexists at universities in this society that too often loves to see black women in pain. Just a little over a year ago, we celebrated her appointment as the first black female vice-chancellor. Her resilience led her to smash the patriarchy that has left black women out for almost 150 years. A little over a year later, there are calls for her to step down, based on issues that are not unique to her or her leadership. Amidst challenges arising from Unisa’s and higher education’s apartheid legacy of systemic exclusion, are problems related to NSFAS and student funding.

I agree that we have to hold our leaders to high standards and those who promise to bring much-needed transformation should be held to even higher standards. But it is bizarre to me that people think a 150-year complex history of structural injustice and exclusion can be changed almost overnight now that a black woman is in leadership. These same unrealistic expectations are seldom placed on black men, at least not as quickly.

A lot of the violence directed at Prof LenkaBula is coming from breathless black men who hurl innumerable slurs about her “menopause” and insults about the “slay queen” who they say must be removed from power. Yet, we know these strategies well. History is full of notes on men discrediting women by claiming they are irrational, fragile, emotional and incapable of making decisions because we are “so burdened by our menstrual cycle or menopause”. History is also full of injustices faced by beautiful and powerful women who are necklaced alive. Note this as we observe that the enduring resilience of Prof LenkaBula led to more hypersexualised vitriol, further illustrating how normal the sexual objectification of women is, even at our highest citadels of education, even from men who are her subordinates.

Black men must account for their actions pushing women further to the margins

If it is hurtful that black men are prominent in these attacks. It is calamitous that black men use trade union structures to pull black women down. Their new kind of black-on-black violence is frightening, where black men take out their angst on black women in the workplace and other social spaces.

Even amidst all these attacks, Prof LenkaBula and her stalwart colleagues at Unisa have kept the academic ship sailing. She has captained the institution to winning the Excellence for Research Impact award at the 2022 Zairi International Awards hosted in Dubai. This makes me think it matters to honour this good woman leader’s achievements, here in her home.

But in the moments when we acknowledge the successes and excellence of black women, we should interrogate and rethink our societies. We must question why black women have to be so strong in the first place.

In particular, and sadly, black men must account for the ways their actions push us further to the margins so that we have to have superhuman strength to survive and succeed. This feels treacherous when one would think black men would show solidarity and support for black women, with whom they share a history of fighting against unjust systems. They must reflect on why they take a page out of their own oppression to marginalise and inflict trauma on black women. They must find and uproot the self-hate that leads them to refuse to recognise the excellence of black women. They must deworm themselves of the things that make them treat black women with such hate and disdain.

I still dream that we can see all womanist leaders, such as Profs Ogude, LenkaBula and Phakeng, as the important symbols and changemakers they are. Perhaps then, they and all of us, will be met with more honesty and grace than we are giving them.

News Archive

UFS law experts publish unique translation

2006-06-21

Attending the launch of the publication were from the left: Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English. This source dates back to 1666.

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law. It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa. The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS. Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning.

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority. “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of a Frenchman by the name of Pothier. This treatise was translated into English and was regarded as an authority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning.

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law. Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands. "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law. Prof Wessels, who has 15 degrees, spent almost ten years translating the treatise. The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
21 June 2006

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