Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
20 March 2023 | Story Prof Danie Brand | Photo Supplied
Prof Danie Brand
Opinion article by Prof Danie Brand, Director of the Free State Centre for Human Rights at the University of the Free State.

Opinion article by Prof Danie Brand, Director of the Free State Centre for Human Rights at the University of the Free State
What does it mean to say one has a right to something, such as access to housing or to protest or to property? What are human rights? What do they ‘do’?

One often hears of human rights being asserted as if they give one an absolute claim to something specific and discrete, which can be enforced against anything and everyone else, irrespective of the impact on the interests (and rights) of others, as well as broader public goals or values.

Perhaps the clearest example of this was the way in which the right to ownership of land was understood under apartheid property law. Ownership then was an absolutely exclusive right: it entitled its holders to exclude everyone else without a countervailing right from their land, irrespective of circumstance or context. All a landowner had to prove before a court to obtain an eviction order if they sought to evict someone from their land, was that they had the right (owned the land) and that those they sought to evict had no countervailing right in law to be on the land. If the right was proved in this way, the remedy of exclusion through eviction followed automatically – the court had to grant the eviction order.

Constitutional right to peaceful protest

A more recent example of this view was on display in the way in which members of parliament complained about their removal from the house when they attempted to shut down the President’s State of the Nation Address through protest action. Many responded by saying their removal was unjustified because, by trying to stop the address from proceeding, they were exercising their constitutional right to peaceful protest. The assumption underlying this response is that the right to protest peacefully and unarmed entitles you to protest peacefully and unarmed in any way you see fit and regardless of the consequences for other people and for society at large.

With this view of rights, a right bestows on its holders a sphere of absolute inviolability – an abstract space within which they can do what the right entitles them to do (protest, hold property, speak, associate or whatever), subject to nothing and no-one else, with no limitations. Rights are seen as instruments through which to separate ourselves from other people and unilaterally impose our will and our interests on others. Rights operate as trumps, boundaries, conversation stoppers.

Understanding human rights

Fortunately, our constitution embodies a different vision or understanding of human rights. In various ways, our constitution makes it clear that what exactly our human rights entitle us to do, or have, or experience, is never abstractly fixed, immutable, or absolute, but must always be determined anew within context. Whenever we seek to exercise one of our human rights, its precise contours and limits must be determined in light of the circumstances prevailing at the time we seek to exercise it; the history of our country; the impact that our exercise thereof will have on the rights and interests of other people; and how our conduct in terms of the right aligns with the public interest and broader constitutional goals.

In this view of rights, our understanding of the right of ownership (which is of course not one of the human rights proclaimed in our constitution but is only indirectly protected in Section 25 of the Constitution) has been moulded into something entirely different from the apartheid conception. Landowners no longer have absolute, exclusive control over their land that simply arises from the fact that they have the right to ownership. If landowners today want to remove people occupying their land without any legal right to do so – in addition to and after proving their ownership – they must persuade a court that eviction would be just and equitable in light of all relevant circumstances (prevailing circumstances; interests of others, including the occupiers of their land; the public interest; constitutional goals) before they will succeed.

WATCH: The Power of Human Rights 




Building democracy

Likewise, if we seek to exercise our right to protest – in order to know what we would be entitled to do in terms of that right – we must consider how our protest will affect the rights and interests of others and whether that impact can be justified, and how the manner and form of our protest squares with constitutional goals such as building democracy. Equally, of course, if others object to our protest because of its impact on their rights and interest, they will have to contextualise their attempt to exercise their right to education, or academic freedom, or freedom of movement in light of our interests, the prevailing circumstances, the public interest, and constitutional goals such as fostering democracy, freedom of association, and freedom of speech.

That is, instead of rights in our constitutional order being abstract spheres of inviolability that can be exercised against others to protect or enforce our interests without consideration of context, keeping us apart, they are mechanisms to enable us to live together, to find accommodation between our disparate, perhaps conflicting, but often overlapping interests and concerns.

What is it then that our human rights do for us or entitle us to? Whenever our human rights-related interests are at stake, or if we rub up our fellow human beings with whom we cohabit the wrong way when our interests seem to clash, they entitle us to be taken equal account of. They require others (most importantly those in authority, usually the state) to include us and have concern for our interest, equal to the concern for others, in the conversation about what should happen and what we may or may not do. In this sense, rights do not keep us apart or stop conversations. Instead, they are acutely democratic mechanisms, making it possible for us to live together. ‘Only that?’, you may respond – but this is no small thing.

News Archive

Shimlas had the right attitude, says Scholtz
2016-02-10

 Description: Shimlas first match 2016  Tags: Shimlas

The lively Shimla flanker Daniel Maartens, who was the leading try scorer in the 2015 Varsity Cup, made a good impact as substitute against Ikeys in Cape Town.
Photo: Johan Roux

His rugby team had the right attitude to win in difficult conditions in Cape Town.

This is what Hendro Scholtz, Head Coach of Shimlas, had to say after the University of the Free State (UFS) started its Varsity Cup campaign on 8 February 2016 with a victory of 23-17 over Ikeys.

According to him, the UFS had to sweat hard until the end on a windy Green Mile, which has been the downfall of many opponents before. His substitutes also had a great impact.

Troublesome Cape wind

Shimlas have a tough draw this year, and to start in the Mother City was a huge task. Scholtz and his men have only three home matches and will play against most of the major teams in away matches.

“We knew it would be difficult in Cape Town. With the wind blowing as it does, one can't play as you would like to during the rest of the season,” the coach said.

“The guys had a will to win.”

The former Springbok believes that too much cannot be read from the first round results. The Shimlas will play their second match on 15 February 2016 against Tuks in Pretoria.

Replacements with good impact

Only the prop Rudolph Botha, flanker Fiffy Rampeta, and prop Teunis Nieuwoudt, who started against Ikeys, were involved in the 2015 final against Pukke.

Other big Shimla names, such as the prop Ox Nche, hooker Elandré Huggett, prop Conraad van Vuuren, and flanker Daniel Maartens, were sent onto the field in Cape Town after half-time.

“We had a plan with the replacements for the second half. They made a huge difference,” Scholtz said.

Rampeta was named Man of the Match, but it was Maartens and Co who turned the game in their team's favour in the second half.

Matsoele could be out of action for long

The Shimla fullback, Sechaba Matsoele, had to leave the game against Ikeys early because of a knee injury, and could be out of action for some time.

His scrumhalf, Zee Mkhabela, was also injured (by a blow to the head), so Shimlas will have to keep their fingers crossed for his quick recovery.

Scorers:
Shimlas 23 (7): Tries: Arthur Williams, Nardus Erasmus, Mosolwa Mafuma. Conversions: Stephan Janse van Rensburg (2).
Ikeys 17 (0): Tries: Khanyo Ngcukana, Nathan Nel. Conversion: Hilio de Abreu. Penalty: De Abreu.
Other results (home team first): Tuks 15, Pukke 38; UJ 19, Madibaz 12; Maties 40, CUT 0.

 

 

 

 


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