Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
17 November 2022 | Story Valentino Ndaba
Dr Catherine Namakula
Dr Catherine S. Namakula, Senior Lecturer of Public Law at the UFS and Chairperson of the UN Human Rights Council's Working Group of Experts on People of African Descent.

During the 77th General Assembly of the United Nations (UN), the plight of children of African descent was a main topic of conversation. The conversation was led by Dr Catherine Namakula, Senior Lecturer of Public Law at the University of the Free State (UFS) and Chairperson of the UN Working Group of Experts on People of African Descent (WGEPAD).

On Monday 31 October 2022, in New York, she presented the group’s yearly report, titled ‘Children of African Descent’ to the third committee of the General Assembly. Dr Namakula urged the UN and other stakeholders to avoid using photos of African children and children of African descent in deplorable situations for fundraising and marketing purposes. She stated that "children of African heritage are not synonymous with poverty".

Some of the issues discussed at the meeting included conflicts of law with regard to children of African descent, their disproportionate criminalisation, the intense policing of their families and homes, the racial conditioning of their education, and the use of images of them in degrading circumstances in UN and other stakeholder messaging for marketing and fundraising.

The Working Group recommended the creation of a racial justice index to assess how well states are performing and making progress in improving the well-being of children of African heritage. South Africa was one of the nations that intervened to affirm the report. Among the countries that affirmed other related issues were Russia, Cameroon, China, and Syria.

Dr Namakula also had private meetings with the leaders of the World Council of Churches, UN Women, UNICEF, and other UN agencies to talk about human rights-based approaches to programming aimed at mainstreaming racial justice in their work.

 

African Commission on Human and People’s Rights

In addition, Dr Namakula headed the WGEPAD team to the 73rd regular meeting of the African Commission on Human and People's Rights. She made a statement at the session that brought attention to the opportunities for and necessity of African civil society participation in the work of the Working Group and the UN anti-racism machinery. She made reference to the 'Declaration on People of African Descent' being drafted, to which they may add African perspectives.

Dr Namakula also called attention to the precarious status of victims of modern forms of enslavement, torture, and exploitation in the Middle East and Gulf States, emphasising the important role of civil society in documenting and publicising the tales of vulnerable victims. She emphasised the need for work on the reparations agenda to start right now in order to document Africa's claims and create the necessary institutional and normative frameworks.

She added that efforts are under way to have the UFS Faculty of Law serve as the academic alliance's anchor for the reparations agenda in Africa.

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept