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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

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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