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#WomensMonth: women's economic empowerment is a human right, not a crisis management allowance

11 August 2023 | Story Prof Pearl Sithole | Photo Supplied

Opinion article by Prof Pearl Sithole, Social Scientist and Vice-Principal: Academic and Research on the Qwaqwa Campus, University of the Free State.

It is August and I want to bury my head in the sand to avoid being part of what is turning out to be a condescending South African ritual against women – ‘speak justice in August, and practise injustices for the rest of the year’. The requests to feminists to rise up and give talks to dignify yet another August with sophisticated speak about quite a simple moral matter – women are as human as men. The ritual is tiring and it is creating despondency. How difficult can it be to switch to action on equality and fairness towards women as human beings too? How difficult can it be to be fair? How difficult can it be to see that while the unfairness is structural and cultural, it is social will and moral agency that is called into test? And how difficult is it to realise that in fact not attending to this matter of social justice is keeping all the other architecture of inequalities and unfairness intact?

August in South Africa is used to pour out pity in the name of physical gender-based violence (GBV) and other social strains women experience – pity poured out by people who are in positions of power with voices that merely acknowledge what needs to be done. The same voices will then go to various corners where they practise professional GBV, and thus endorsing women as ‘secondary beings’ used to shoulder a patriarchal and capitalist societal agenda.

Economic empowerment of women

This year the focus is economic empowerment of women. In a government blog published in March 2023 that was written partly to cast a celebratory tone for International Women’s Day, the President could not resist twinning economic empowerment with the potential to escape GBV:

“The economic empowerment of women is an important pillar of our struggle to end gender-based violence and femicide. We have recognised that unequal access to resources and economic opportunity makes it more difficult for women to escape situations of abuse and violence.”

Clearly this is a much-needed spanner in the works to escape GBV. But the fact is that this society still laments a wage gap and pleads for narrowing gender economic differences in order to escape GBV, speaks volumes about the kind of society South Africa is. The institutional culture that sees women as secondary, almost like pets, must be given reprieve from violence even if it takes ‘giving them some economic empowerment’. The lack of transparency on pay scales across work categories; no women ever in certain leadership positions; and more women being unemployed – are not cited as a violation in themselves. Basically, South Africa is an abusive society to women that avoids the mirror by pretending to attend to physical violence through relaxing the rest of the violations.

Yet the more tokenistic the talk on inequalities every August and thus the endorsement of structural and cultural injustices, the firmer the country proclaims its affinity with inequality. If the maxim “actions speak louder than words” has been promulgated as useful with regards to socialisation and bringing up decent human beings, the current generation of leaders has failed dismally to use it in terms of political and social will to fight injustices.

Instead they have exercised a practical display that men are the superior species and that women must take charge of the menial affairs of society in daily life. The uproar against physical GBV masks the major omissions on the kind of society South Africa is while it continues to modernise gender inequalities:

Leadership is a male affair, with the top and resource-management positions exclusively male through history. The Presidency is a male affair, as well as the portfolios of Economic Development and Finance.
The business sector also continues to have higher pay grades for men and not for women.
In sport, women’s teams are paid less, with public scrounging just to lull the complaints for every major event.
Committees can recommend women into positions and authorities can exercise the right not to endorse those recommendations.
Institutions, including civil society, can legitimise their existence over the concept of social justice and sustain glaring imbalances on gender in leadership positions.
Funders continue to have gender and racial leadership preferences in agencies they fund – the rest of the profiles being the subject of never-ending training on funding proposals.
Intersectionality of identity becomes visibly toxic when certain members of ‘the inferior groups’ are given a special place on the ladder within the unequal society – like the conspicuous place of white women in the property sector, and the convenient tallying of all women to generate a good transformation profile for institutions.

Society has modernised inequality

In essence society has modernised inequality – and highlights ‘shallow permits’ as women’s rights achievements. South Africa may shout shallow things like: ‘our women can be car drivers’ and ‘women feature in the Constitution’, but the total lived experience of women at all levels of society leaves little to be desired. Men continue to hover over the prerogative to place women or ‘allow’ them in spaces where it makes strategic support to their own positions or to make institutions look good in terms of quotas.

In professional spaces in South Africa it is not uncommon to see very capable women doing menial tasks designed to hand over professional products for men to shine in leadership. It is almost like the domestication of professional spaces through importing culture and religion – to underpin institutional chauvinism. And yet policies and strategies make a clear and tacit association of culture and religion only with society out there. Beside gender mainstreaming, which is largely grounded on mere inclusion of women, the damaging role of culture and religion on professional relationships is not on the radar of attention within institutions. Thus, a country can marginalise women’s national teams on the issue of remuneration at the back of what is cited as “the best constitution in the world”, and still talk about the importance of women every August.

The most disappointing stakeholders in all this are the women’s political formations. In the context of South Africa, ageism within these formations is a huge factor. Those senior women are kingmakers of note. They believe in women as living to support men and are afraid to rock the boat for their own placement in professional peripheral positions. It would be interesting to hear them articulate their status of bondage and why it has been sustained.

For now, one thing is clear: just like other hegemonies that used ideology and culture to root themselves (i.e. imperialism, capitalism and racial inequalities), patriarchy is not going to disintegrate just because those it serves have suddenly developed a conscience and realise they are not ‘better beings’. Agency, advocacy, and political will are key in fighting for justice. No piece of paper implements itself, not even the Constitution.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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