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19 November 2024 Photo Supplied
Siyanda Magayana
Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State.

Opinion article by Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State.


The growing unsafety of women in South Africa

 

As a woman living in South Africa, my daily routine is dictated by more than just work, social gatherings, or errands. It is also significantly dictated by fear; fear of, “will I make it home?”. As a result, I am not the dictator of my life; instead, the world around me shaped and dominated by men dictates how I must live. For instance, before I leave the house, I must make sure that my location is turned on, check in with at least two or more people, giving them details about where I am going, who I am meeting, and what I am wearing. This information serves as a distress signal in case something happens, as though my clothing, location, and/or companions should be catalogued in advance.

Again, as I move through public spaces, I must make sure to deliberately pass places with visible cameras, hoping they might deter anyone who sees me as prey, or at the very least, offer evidence if I were to disappear. In South Africa, and beyond, this is not a unique experience; it is the daily routine and reality for many women. We live on high alert, managing our fear as much as our lives. These steps are not taken out of paranoia but out of necessity, because in a world created for men, women must constantly adapt, shrinking themselves to fit within the boundaries of a system that refuses to protect them.

This is a terrifying reality that has become normal for so many. And the normalisation of such terror speaks to a much deeper global crisis. The world is becoming increasingly unsafe for women, and nowhere is this more apparent than in South Africa, where gender-based violence and femicide (GBVF) have reached epidemic proportions, third-quarter crime statistics 2023/2024 report that, 851 women and 45 men were victims of rape while 137 women and 17 men were sexually assaulted . This is indicative of a global crisis on women’s safety and reality of violence. Subsequently, it reminds us that in world designed for men, women’s safety is not a guaranteed privilege; women are not safe in their homes, not safe walking the streets or in social media spaces.

The biggest question we ought to ask ourselves is why. Why, in an era of supposed progress and world-class continuation are women still subjected to such high levels of violence? Why should women continue to live in fear of their lives? Why, despite all the technological advancements and justice systems, does the world remain a battleground for women’s safety? The simple, yet complex, answer lies in a complex web of factors such as patriarchal norms, inadequate and ineffective legal and justice systems, and social complacency all of which allow violence to thrive. Therefore, we urgently need comprehensive solutions and efforts from all corners of society to address the scourge of violence in our society.

A shift in societal attitudes and norms

The fight against GBVF in South Africa is not just a social issue and law and enforcement issue. It is a phenomenon that requires addressing and shifting entrenched toxic norms and attitudes that perpetuate misogyny and entitlement over women. This fight, has over the years, shown us that we must look beyond the law; as a society, we ought to equally address the prevalent toxic cultural norms that perpetuate male entitlement and misogyny. We live in a society that still socialises and teaches men and boys to believe that they have dominion over women and objectify women’s bodies. This culture is similarly prevalent in all spheres of society, as result, we must invest in fostering a culture of consent education to shift toxic societal attitudes and norms. Institutions such as the media, and all other educational institutions, must likewise invest in a quest to reshape narratives that frequently blame victims and survivors of GBV.

Gaps in the legal and policing system

“Nearly 200 cops found to be perpetrators of GBV,” according to a report on the Domestic Violence Act and Police Station Census conducted between October 2023 and March 2024 . Additionally, the research discovered that “no police station was found to be fully compliant in terms of implementation of the Domestic Violence Act (DVA) across all nine provinces”. Additionally, 59 instances of non-compliance were documented, with Gauteng reporting one, the Western Cape 20 cases, North West 15 cases, and the Free State 23 cases  .GBV is a horrifying reality in the nation, where those who are meant to enforce the law — both individuals and institutions — fail to do so. It is depressing that the very institutions that are supposed to protect against domestic violence (DV) are plagued by significant levels of non-compliance when it comes to reporting cases of DV and offenders inside the system, in a nation that is already dealing with worrisome rates and incidents of GBV. This further illustrates the necessity for the government to do more than make empty promises. The people who are supposed to safeguard us frequently ignore a concerning pattern and culture of violence and non-compliance. For many people, the police and the organisations they are supposed to support, and safeguard have turned into re-traumatising sites. Therefore, laws by themselves are insufficient if they are not upheld or supported by effective and compassionate law enforcement.

16 Days of Activism 2024

The 16 Days of Activism for No Violence against Women and Children Campaign (16 Days Campaign) is a United Nations campaign which takes place annually from 25 November (International Day of No Violence against Women) to 10 December (International Human Rights Day).


Other articles by Magayana

 

Harsh reality of revenge pornography: Time to take a stand against it

Opinion: Uganda’s anti-homosexual legislation erases and silences LGBTQ+ bodies and voices in African communities

How A Focus on Sexual Consent Can Create Safer University Spaces

Opinion: Gender-neutral language and titles can help create a more equitable playing field

News Archive

Workplace discrimination and unfair practices explored in new book
2017-09-13

 Description: Denine read more Tags: Denine Smit, Labour law, employee relations, bullying, vulnerability, research, Damain Viviers 

Dr Denine Smit
Photo: Supplied

Two law scholars, Dr Denine Smit and Dr Damian Viviers, from the Faculty of Law at the University of the Free State (UFS) recently launched a book titled Vulnerable Employees, which was inspired by their interest in researching, creating awareness and providing a legal exposition in relation to employees who are vulnerable and experience prejudice and dignity violations in the workplace. These include workplace bullying, appearance-based discrimination, those who are gender fluid or have mental-health conditions.
“Dr Viviers, who is also a former student of mine, and I, have been working together for years and share a common understanding in relation to our various topics of interest. We often share the same train of thought. This is how we came to work together to produce this book,” said Dr Smit.


Research focused on employee challenges in the workplace

The book expands on the field of knowledge regarding certain categories of employees who, as a consequence of various mutable, immutable and semi-immutable characteristics, as well as behavioural experiences, are rendered vulnerable in their employment relationships. The book draws on various social, psychological and other empirical considerations, as well as comparative legal research from foreign and international law, in order to expand on the legal position under the South African legal framework governing these conditions. While the book first and foremost constitutes a compendium of research to be used for this purpose, it also serves as a practical guide for all legal practitioners, human resources managers, other labour stakeholders and the judiciary.

Book draws strength in other academic fields
Vulnerable Employees was launched on 28 July 2017 at the UFS library, to an audience of academics and students, with a panel discussion made up of the authors and two other panellists. One of the panellists was Dr Katinka Botha, a leading psychiatrist in the Free State who has a wealth of experience in this field. “Her selection as a panellist was motivated by the various significant inter-disciplinary considerations and intersections between psychology, psychiatry and law, contained in the book,” said Dr Smit. 
“Dr Botha’s expertise was invaluable in shedding light on mental-health considerations during the panel discussion.” 
Mr Lesley Mokgoro, the other panellist, is a leading labour law practitioner, as well as director and head of the Dispute Resolution Practice Group at Phatshoane Henney Attorneys. “His years of experience working with all role players in the employment domain, as well as his extensive legal knowledge and expertise, made him uniquely qualified to serve on the panel and deliver an opinion of the practical and academic value of the book,” said Dr Smit.


Workplace policies key to securing employee rights

There are a number of growing trends in the workplace that could shape the practice of labour law or workplace policies. Dr Smit said the need for employers to regulate workplace culture, particularly in relation to bullying, harassment and unfair discrimination, in line with the South African legal framework, was a fundamental need in all workplaces. Effective workplace policies may be used to clearly outline the relevant “dos and don’ts” to employees, as well as the procedures and processes that may be followed in order to address such conduct. Workplace policies serve to advance legal certainty and efficiency, since the rights and obligations of all role players are clearly demarcated, or should be, in terms of a well-drafted and considered policy. 
The book is one of several publications produced by Dr Smit in collaboration with Dr Viviers on the topic of workplace discrimination and the law. The two scholars are working on another book to be published at the end of 2017.

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