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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

Law students rated among the top in the world
2007-04-18

The UFS team that competed in the moot arbitration competition in Austria was, front from the left: Sunette Visser and Dee Leboela; back from left: Lucian Companie, Vicky Olivier and Deman Smit.
UFS Law students rated among the top in the world
A team of eight students from the Faculty of Law at the University of the Free State (UFS) has put the university among the top universities in the world when it was ranked 46th out of 177 universities that recently took part in the Willem C. Vis International Commercial Arbitration Moot competition in Vienna, Austria.

Universities from more than 55 countries took part in the competition and 1 800 arguments were delivered over a period of seven days. The UFS team competed against countries such as Switzerland, Russia, Lapland and France.

The team did exceptionally well in all the arguments and was complimented on oral performance and litigation skills. “In the final round, one of the arbitrators, who is a practising international trade lawyer and arbitrator, said that the team’s oral arguments were of exactly the same standard as that of practising international trade lawyers in real arbitrations,” said Prof. Elizabeth Snyman-Van Deventer, coach of the team and lecturer at the Department of Mercantile Law.

To put the cherry on top, one of the team members, Deman Smit, received an individual oralist award and an honourable mention as one of the best speakers. His score of 138 out of 150 placed him within three (3) points of the international individual winner.

The Dean of the Faculty of Law, Prof. Johan Henning said: “The fact that Deman missed out on receiving the top speaker award by a couple of points is a striking example of the world class students this faculty is delivering. It also shows that the faculty needs not to stand back for law faculties such as those of Harvard, Freiburg, Munchen, Stanford and Sorbonne.”

The Willem C. Vis International Commercial Arbitration Moot is an annual competition organised by the Institute of International Commercial Law at the Pace University School of Law in New York, United States of America. The goal of the competition is to foster the study of international commercial law and to train students in methods of alternative dispute resolution.

“The Faculty of Law also sees this competition as part of our development strategy to develop skilled arbitrators for commercial disputes. There is a need in Africa for commercial lawyers to facilitate international trade. This programme is also in line with the development strategies of the African Union,” said Prof. Snyman-Van Deventer.

The UFS team comprised of: Dee Leboela, Smit, Lucien Companie, Vicky Olivier, Sunette Visser, Qaqamba Vellem, Hanno Bekker and Lucy Nthotso.

Media release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za 
18 April 2007
 

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