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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 triumph in Africa
2007-08-16

 

Pictured with the trophies they have won are, from the left: Ms Qaqamba Vellem (fourth-year LL.B. student), Prof. Johan Henning (Dean of the UFS Faculty of Law), Prof. Loot Pretorius (Head of the Department of Constitutional Law and Philosophy of Law), Ms Lucy Nthotso (fourth-year LL.B. student), Ms Thapi Matsaneng (moot coach and lecturer in Corporate Law at the UFS) and Mr Johnny Modipa (third-year LL.B. student).
Photo: Stephen Collett

Law students triumph in Africa

A team of students from the Faculty of Law at the University of the Free State (UFS) has won the first prize at the 16th African Human Rights Moot Court Competition held in Senegal last week.

The UFS team consisted of three L.L .B. students, namely Ms Lucy Nthotso, Ms Qaqamba Vellem and Mr Johnny Modipa, and beat teams from numerous South African law faculties as well as from the rest of Africa.

The Moot Court Competition is an event where students from law faculties across Africa argue a hypothetical case on human rights issues pertinent to the continent. This year’s competition dealt with the issues of refugee status, nationality, HIV/AIDS and the right to education.

Over and above the UFS team’s success as the overall competition winners, the UFS team came first in the written memorials category (written substance of the argument of the particular party), beating seventy teams from both the English and French speaking African countries.

To further add to their splendid overall team performance, team members Ms Vellem and Ms Nthotso were selected amongst the top fifteen students for their oral arguments out of the hundred and forty who took part in the competition. Ms Vellem came tenth and Ms Ntshotso eleventh.

According to the Dean of the Faculty of Law at the UFS, Prof. Johan Henning, the faculty is extremely proud of this achievement of its students in such a highly regarded competition.

“This success shows that the quality of legal education and training we provide here at the UFS, both through the 4- and 5-year L.L.B. options is rated among the best in Africa, if not the world,” Prof. Henning said.

He said it also showed that the faculty is committed to producing black law graduates of substance who are second to none.

The three students were coached by Ms Thapi Matsaneng, a UFS law graduate who is completing her Ph.D. at the University of London and who was groomed by the UFS as part of its Grow Our Own Timber programme, aimed at producing black academics.

Prof. Loot Pretorius, head of the department of constitutional law and philosophy of law at the UFS, acted as a consultant to the team. Ms Matsaneng also accompanied the three team members to Senegal.

The panel of judges who determined the winners comprised of the commissioners of the African Commission on Human and Peoples’ Rights, a South African Constitutional Court judge as well as other respected members of the legal community.

Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt.stg@ufs.ac.za
16 August 2007

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