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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

Faculty of Law establishes unique panel of advisors
2005-11-11

Photo: Stephen Collett

Some of the panel members who attended the Collegium Iurisprudentium of the Faculty of Law at the UFS were from the left His Honorable Judge of Appeal Lex Mpati (Vice-President of the Supreme Court of Appeal), His Honorable Judge of Appeal Joos Hefer (former Chief Justice of South Africa), His Honorable Judge of Appeal Frits Brand (Supreme Court of Appeal) and Mrs Alet Ellis (lecturer at the UFS Faculty of Law).

At the back from left were Prof Johan Henning (Dean: Faculty of Law at the UFS), His Honorable Judge Faan Hancke (High Court of the Free State and chairperson of the UFS Council) and Adv Jannie Lubbe Sc.

The Faculty of Law at the University of the Free State (UFS) has established a panel of advisors comprising of all the honorary and extraordinary professors of the faculty.

“The faculty has been known for its excellent practice-orientated training as well as the involvement of law practitioners in the training of LL B-students,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.

“The faculty was greatly dependent on the services of advocate lecturers, full-time members of the Bar and Side Bar who lectured on a part-time basis at the faculty.  For this reason lecturing in the faculty was mainly done after-hours to part-time students,” said Prof Henning. 

With the shift in emphasis to full-time lecturing and the appointment of full-time lecturers, especially because of the increasing student numbers, the full-time LL B-programme and the increasing pressure on students for quality research inputs, a greater need for meaningful contributions of judges and senior law practitioners to the faculty was experienced.

“To comply with this urgent need, three honorary professors and nine extraordinary professors were appointed.  This group of experts deliver an indispensable contribution to the practice orientation of the faculty by means of formal lectures, public inaugural lectures and guest lectures, direct lectures to graduate and post-graduate students, participation in research projects and the  constant evaluation of lecturers, modules and the content of modules and learning material. The international exposure of students and lecturers is also promoted by their contribution,” said Prof Henning.
“A need to have the involvement of this special class of professors structured in a more organised way was identified and a decision was made to establish an advisory panel called Collegium Iurisprudentium.  It is a privilege to us that all the honorary and extraordinary professors accepted the invitation,” said Prof  Henning. 

The panel will provide the faculty with continuous, distinguished, practice- orientated capability and capacity as well as international expertise, not only for direct inputs to students but also to advise lecturers about the curriculum, the compilation of the content of the LL B and M module, learning material and others, as well as to strengthen the research capacity of the faculty.

“The panel will also deliver a decisive contribution to the faculty’s preparation for the constitutional audit of the Higher Education Quality Committee (HEQC) of the Council for Higher Education (CHE) that will take place in October 2006,” said Prof Henning. 

The Collegium Iurisprudentium, which has been formally constituted, comprises of:

Appeal Court Judge J J F Hefer,
Appeal Court Judge L Mpati
Appeal Court Judge F D J Brand
Appeal Court Judge I G Farlam
Prof B A K Rider
Judge S P B Hancke
Judge A Kruger
Judge D H van Zyl
Adv S J Naudé
Adv J Lubbe Sc
Prof M M Katz
Prof R J Cook
Mr S van de Merwe
Mr W van der Westhuizen
Mr D C M Gihwala

Media release
Issued by:Lacea Loader
Media Representative
Tel:  (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
11 November 2005

 

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