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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

Researcher transforms despair into diamonds
2016-01-18

PhD candidate, Lerato Machetela and some members of the group Diamonds in the Rough having some fun between rehearsals.

Awash in hopelessness, substance abuse, violence, and sexual promiscuity. This is the lived reality of the youth in Jagersfontein. But now Lerato Machetela is using her research to change it.

As a PhD candidate in Trauma, Forgiveness, and Reconciliation Studies at the University of the Free State (UFS), Machetela assembled a group of 14 young men – ranging between the ages of 9 and 18 – who call themselves Jagersfontein’s Diamonds in the Rough. Combining elements from psychology, education, and entertainment, Machetela has established a platform that grounds these young ones adrift in circumstances. By means of song and dance, these young ones have become grounded through creativity.

While discussing what it means to be free in the new South Africa, Machetela asked the group to come up with a song similar to the struggle song, ‘Nelson Mandela usi litheli ixolo’.

Jagersfontein’s Diamonds in the Rough Researcher, Lerato Machetela, combines psychology, education, and entertainment to ground local youths through creativity.

The result: He’s a teenager, but he drinks Hansa.

“This then developed into a dance routine depicting what the youth is doing with their freedom,” Machetela says. With each beat of their boots and rhythmic clap of their hands, the group illustrates the ways in which the youth has constructed – and come to understand – their daily realities. “The routine includes the expression of alcohol and drug abuse, and ends of with the importance of education.”

Through the creative expressions of Diamonds in the Rough, Machetela is able not only to explore the reality of the youth in Jagersfontein, but also to investigate intergenerational trauma. “I am looking at whether there is a relationship between these young people’s current circumstances and the experiences of their parents’ generation during the apartheid years. That is, what sort of meanings do they construct as young, black South Africans growing up in the new South Africa?”

What started off as a research project is now rippling beyond academic spheres, though. The Free State Department of Sport, Arts, Culture and Recreation has taken note of this initiative. As a result, the group has already performed at the Bloem Show, International Museums Day, and Heritage Day celebrations, as well as at the Mangaung African Cultural Festival (MACUFE).  

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