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13 March 2024 Photo Sonia Small
Prof Sethulego Matebesi
Prof Sethulego Matebesi is an Associate Professor and Academic Head of Department of Sociology at the University of the Free State.

Opinion article by Prof Sethulego Matebesi, Associate Professor and Academic Head of Department of Sociology, University of the Free State.


There was a time when weekly news coverage of South Africa was dominated by various forms of racism, racial discrimination, xenophobia, and related intolerance incidents that painted a grim picture of respect for human rights

However, in the history of contemporary South Africa there has been plenty of optimism about the prospect of deepening the understanding of human rights in order to entrench a human rights culture among citizens. This optimism is underscored by a range of deliberate actions by the South African government to promote, protect, and monitor the development and observance of human rights through, for example, the South African Human Rights Commission and the Commission for Gender Equality.

Yet, while these institutions – and many other policy instruments to ensure compliance – are central to creating an environment conducive to advancing rights enshrined in the Bill of Rights, citizens also hold significant responsibility to prevent the escalation of discrimination and racial tension. But many of us face an uncomfortable truth we have become accustomed to avoiding: the ability to show unusual restraint in the face of injustice.

The challenge of combating practices that glorify intolerance

Beyond formal political rights, human rights also entail the progressive realisation of the right to the structural social determinants of well-being, such as access to clean water, food, and a healthy environment. However, while the process of social change in South Africa has many unique attributes, the response to the process reflects two extremes.

There are, on the one hand, those who cultivate an image as defenders of the rights of the ‘oppressed’ and are predominantly black activists, and on the other hand, anti-transformation forces who stall the move of the country towards a more inclusive and egalitarian future and are primarily white activists. These activists, whether advancing the reclamation of rights, perpetuate legacies of the past instead of asserting a positive commitment to eradicating socially constructed barriers to equality.

These activists are found everywhere. They are part of our education, religious, political, and social establishments. Reflecting on the painful past of the country, these activists do not help foster diversity as an ethos but advance the conscious and unconscious practices of structural racism. Aided by hyper-personalised social media feeds, these activists can stretch the boundaries of logic and destabilise fragile and established democratic and human rights.

The problem, they claim, is that those who embrace diversity and want to find amicable solutions to longstanding social injustices are either advocates of white supremacy or want to abrogate their right to freedom of expression. In such cases, when people in a hate frenzy find something to hate together, they become bonded. And anything contrary to their beliefs goes into an echo chamber of mockery. 

I do not want to establish a potentially trivialising affinity with branding activists who assert their rights as an attack on human rights. But attention is drawn to instances where noble objectives to confront the tentacles of human rights abuses have been weaponised against what is perceived as ‘the other.’

But how can we navigate this fundamental societal defect? Collective agency to advance the ethos of human rights

After three decades of democracy, attempts to eliminate systematic and institutionalised under-privilege must be welcomed. Likewise, our response to the perceived threats to efforts to enhance diversity as an ethos in public institutions and society matters. In many instances, when subjugated to hatred, hostility, or even violence, there is a tendency to believe that the best approach to such an absurd situation is more absurdity. At its most benign, such a response is not helpful to efforts to embrace diversity. At its weirdest, it garners public sympathy for hate groups and activists.

While there have been concerted efforts internationally and nationally for the progressive realisation of social rights and efforts to strengthen democratic resilience and rights-respecting societies, South Africans have been passing the buck. Rights-respecting citizens have a choice to make. They can continue to pass the buck or help build a culture where everyone achieves their potential and develops into responsible citizens.

I am convinced that beyond formal politics, the attainment of respect for cultural diversity and professing the freedom, equality, and unity of all peoples are contingent upon our collective activism and shared commitments to these values. This collective approach – although some may view it as illusory – is, in fact, our most potent weapon. Reinforcing its commitment strengthens our collective agency and resolve to respect human rights and fundamental freedoms.

News Archive

UFS law students sit in on exceptional case in the Supreme Court of Appeal
2011-09-21

 

At the Supreme Court of Appeal were, from left to right: Dr Beatri Kruger, lecturer in our Department of Criminal and Medical Law at the Faculty of Law; Adv. Ann Skelton, Amicus Curiae instructed by the Restorative Justice Centre; Ms Matsepo Soko, post-graduate student in Criminal Law; and Prof. Annette van der Merwe from the University of Pretoria.
Photo: Leonie Bolleurs

Fourth-year and master’s-degree students, from our Faculty of Law, had the privilege of attending the hearing of one of their prescribed cases in the module, Criminal Law, namely the State versus Tabethe, in the Supreme Court of Appeal. Apart from the fact that they could attend the hearing, the students were also addressed by experienced legal experts, Adv. Ann Skelton (amicus curiae, instructed by the Restorative Justice Centre) and Prof. Annette van der Merwe from the University of Pretoria, on the broad outlines of the case.

In this case, the accused was found guilty of raping his fifteen-year-old stepdaughter. The court imposed a sentence of ten years’ imprisonment, suspended in full, but with certain conditions. The conditions include 800 hours’ community service and stipulate that the accused has to follow a rehabilitation programme and that he has to give 80% of his income to the family in order to support the victim and her family.
 
This was the first rape case where, in following a restorative justice approach, exceptional conditions were imposed to address the interests of the victim who wants to proceed with her studies. The State appealed against the sentence.
 
Dr Beatri Kruger, lecturer in our Department of Criminal and Medical Law, who prescribed this case for the students, said, ‘The law students were indeed privileged to attend this auspicious and enriching occasion, which provided them with an insightful experience of how the law works in practice.’

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