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Positive Masculinities, Gender-Based Violence, Men, Manhood, and Identity

15 March 2023 | Story Chelepe Mocwana | Photo Grand Epic Photography

Opinion article by Chelepe Mocwana, Senior Officer in the University of the Free State Unit for Institutional Change and Social Justice, Gender Equality and Anti-Discrimination Office.

Gender-Based Violence Challenges Facing Men and Young Boys

Men in South Africa and male students at higher education institutions (HEIs) are faced with the challenge of the social construction of what constitutes a ‘man’. This difficulty is rooted in social norms that are embedded in hetero-patriarchal social systems and beliefs. The manifestation of these beliefs is projected in social realities that are configured within power structures. The scourge of gender-based violence and femicide against women and girls, gender and sexual minorities, is a playout of power dynamics that enable the perpetrator to violate their subject. This form of violence is often perpetuated by men against women or gender and sexual minorities. This is exacerbated and compounded by several issues.

This includes poverty, socialisation, heteronormativity, political history, mental health, unhealthy sexual practices, and toxic masculinities. Men – especially young men – find themselves without a safe space to express themselves about the challenges they face in society today. Other than men feeling that they have no space to engage, there seems to be a general resistance among men to achieve gender equity and partner with women(x) to eradicate gender-based violence. Some of the resistance is due to the socialisation of men. These are behaviours and cultures that men have adopted over time, normalised, and end up accepting as norms and acceptable behaviour. Men today are faced with the challenge of identity and manhood.

This begs the question. What does it constitute to be a ‘man’ in this time and age? Issues of manhood and identity among young men today are complex and multifaceted. Historical, cultural, and social factors have played a role in shaping these concepts. In African societies, rituals play a major role in forming our identity and manhood. Some of the narratives around these rituals have led to toxic masculinities and related practices formed by men. Globalisation and social media have influenced men’s views on manhood; therefore, a concerted effort is needed to focus on establishing an identity and manhood that is relevant and applicable to the Global South.

Why Positive Masculinities

Men must find a space to look at their masculinity again. Therefore, we submit that positive masculinity programmes must be promoted as men engage. The objective of such programmes is to promote healthy and constructive expressions of masculinity. Masculinity that makes men comfortable to express their emotions and to be vulnerable. Spaces where they can engage without being judged when they express themselves. Masculinity that are based on values of respect, empathy, responsibility, and emotional intelligence. Men must challenge harmful gender norms and stereotypes, harmful cultural and social norms that perpetuate toxic and violent expressions of masculinity, gender-based violence, and homophobia, and start to promote more inclusive and equitable social norms.

Men are needed who will empower boys and men. Positive masculinity aims to empower men to become positive role models and leaders in their communities. This involves promoting a sense of responsibility and accountability and encouraging men to use their influence to promote positive social change. Ultimately, the objectives of positive masculinity are to promote a more inclusive, equitable, and just society, where individuals of all genders can thrive and reach their full potential. Accountability entails having awareness and acknowledgment of the power and privilege that comes with patriarchy and male privilege; robustly engaging with institutional policies, procedures, and culture to achieve gender equity; respecting and promoting women’s leadership in the gender space and society in general, and continued cooperation with women and gender activists.

Going into the future

It is time for men to speak up and stop being bystanders and onlookers. It is through the promotion of positive and healthy expressions of masculinity that the scourge of gender-based violence can be eliminated. We will achieve equity when we strive to put women, girls, LGBTQI people, and the most marginalised communities at the centre of our awareness and advocacy efforts. No one should be left behind. Men must be partners in eliminating gender-based violence. Men should listen and take women and children seriously; protect women and children and keep them safe; help them to know their rights to be free from violence and abuse; and choose the man they want to be and/or become.

News Archive

UFS law experts publish unique translation

2006-06-21

Attending the launch of the publication were from the left: Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English. This source dates back to 1666.

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law. It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa. The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS. Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning.

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority. “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of a Frenchman by the name of Pothier. This treatise was translated into English and was regarded as an authority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning.

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law. Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands. "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law. Prof Wessels, who has 15 degrees, spent almost ten years translating the treatise. The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
21 June 2006

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