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15 September 2022 | Story Valentino Ndaba | Photo UFS Photo Gallery
Representatives of the UFS Law Clinic and the Free State Centre for Human Rights
Representatives of the UFS Law Clinic and the Free State Centre for Human Rights recently visited Thaba 'Nchu and Dewetsdorp to empower women by educating them about their Constitutional rights.

With September being Heritage Month, South Africans are reflecting on where we come from. During this time, many look back at how far we have travelled, and how much further we still need to go. 

Gender-based violence, a constant stain on the fabric of our society, means any celebratory moments are tempered by the need to interrogate where we are going wrong. Dr Rita Ozoemena, Senior Lecturer at the Free State Centre for Human Rights (FSCHR), has reminded South Africans that we can take comfort from at least one certainty: “The Constitution is a living heritage of all South Africans that has provided for the protection of all persons, including women’s rights,” she said.

Living traditionally ever after

At a recent community engagement programme the University of the Free State Law Clinic and the FSCHR visited Thaba 'Nchu and Dewetsdorp to empower women by educating them about their rights as protected in the Constitution. Experts explored the theme ‘Women’s Rights and Customary Law Marriages’.

Having a living heritage in the form of the Constitution gives a voice to the voiceless and power to the powerless, the audience heard. In the case of customary law, Dr Ozoemena said, “Lobola forms part of the conclusion of a customary marriage. The ‘handing over’ of a bride is an aspect of custom and practice. Young girls under the age of 18 cannot be married under customary law.” 

She added that women of legal age who wish to live ‘traditionally ever after’ need to “ensure that their marriage complies with the requirements set out in Section 3 of the Recognition of Customary Marriages Act, and also make certain that the customary marriage is registered with the Department of Home Affairs to avoid unintended consequences.”

Customary law is our heritage

On 27 and 28 October 2022 the FSCHR will host a conference titled ‘African Customary Law and Transformation: Towards a Gender Responsive Approach’. Since African customary law is an integral part of the post-1994 South African legal system, the conference will focus on the South African transformation project and how it has influenced the development of African customary law in marriage.  

Robust discussions will hone in on topics around feminist jurisprudence in African customary law; customary marriage in South Africa and its future; the role of rituals in customary law; gender equality and African customary law; and women and traditional leadership.

News Archive

Sites of memory. Sites of trauma. Sites of healing.
2015-04-01

Judge Albie Sachs – human rights activist and co-creator of South Africa’s constitution – presented the first Vice Chancellor’s Lecture on Trauma, Memory, and Representations of the Past on 26 March 2015 on the Bloemfontein Campus.

His lecture, ‘Sites of memory, sites of conscience’, forms part of a series of lectures that will focus on how the creative arts represent trauma and memory – and how these representations may ultimately pave the way to healing historical wounds. This series is incorporated into the five-year research project, led by Prof Pumla Gobodo-Madikizela, and funded by the Mellon Foundation.

Sites of memory and conscience – and healing

“Deep in solitary confinement, I read in the Bible: ‘the lion lay down with the lamb … swords will be beaten into ploughshares.’” And with these opening words, Judge Sachs took the audience on a wistful journey to the places in our country that ache from the past but are reaching for a better future at the same time.

Some of the sites of memory and conscience Judge Sachs discussed included the Apartheid Museum, Liliesleaf, District Six Museum, and the Red Location Museum. But perhaps most powerful of them all is Robben Island.

Robben Island

“The strength of Robben Island,” Judge Sachs said, “comes from its isolation. Its quietness speaks”. Former prisoners of the island now accompany visitors on their tours of the site, retelling their personal experiences. It was found that, the quieter the ex-prisoners imparted their stories, “the gentler and softer their memories; the more powerful the impact,” Judge Sachs remarked. Instead of anger and denouncement, this reverence provides a space for visitors’ own emotions to emerge. This intense and powerful site has become a living memory elevated into a place of healing.

After Judge Sachs visited the National Women’s Memorial in Bloemfontein some years ago, he came to an acute realisation as he read the stories, experienced the grief, and saw the small relics that imprisoned commandoes from Ceylon and St Helena sculpted. “It’s so like us,” he thought, “our people on Robben Island making a saxophone out of seaweed, our people carving little things. It was so like us. It was another form of inhumanity to human beings in another period.”

The Constitutional Court

The Constitutional Court next to the Old Fort Prison is also a profound site of trauma and healing. Bricks from the awaiting trial lock-up were built into the court chambers. “We don’t suppress it, we don’t say let’s move on. We acknowledge the pain of the past. We live in it, but we are not trapped in it. We South Africans are capable of transcending, of getting beyond it,” Judge Sachs said.

Transforming swords into ploughshares

Judge Sachs had great praise for Prof Gobodo-Madikizela’s research project on Trauma, Memory, and Representations of the Past. “You convert and transform the very swords, the very instruments, the very metal in our country. In a sense, you almost transform the very people and thoughts and dreams and fears and terrors into the ploughshares; into positivity.”

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