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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

Prof. Iain Benson delivers inaugural lecture in UFS's Faculty of Law
2010-10-27

Prof. Shaun de Freitas (left) of the Faculty of Law at the UFS and Prof. Iain Benson.

Prof. Iain T. Benson delivered his inaugural address as Professor Extraordinary in the Department of Constitutional Law and Philosophy of Law in the Faculty of Law at University of the Free State (UFS) faculty last week.

Originally hailing from Canada and currently residing with his family in France, Prof. Benson is an academic with a wealth of experience and expertise in the field of law, especially with regard to the right of conscience and religion. His achievements number many, including being a Senior Associate Counsel at one of Canada’s leading law firms, Miller Thompson LLP; and serving on the Founding Board of the Global Centre for Pluralism. 

Apart from his work on leading cases in the United Kingdom and Ireland, Prof. Benson also has strong ties with the law in South Africa. He is part of the Continuity Committee that is responsible for the major undertaking of drawing up the South African Charter of Religious Rights and Freedoms in cooperation with all the major religions in South Africa which, when completed, will be the first use of Section 234 of the South African Constitution.

The title of the inaugural lecture was Living together with Disagreements and the Limits of the Law, which tackled various conscientious and topical issues regarding the complex relationships between the law and religions. Starting off the lecture, Prof. Benson recalled that living together with disagreement is a necessary achievement in free and democratic societies and that differences of belief and opinion should not be resolved by force acceptance of a “one-size fits all” model. Mentioning religion and same-sex marriages, Prof. Benson held these up as issues which reasonable people may disagree on and should hence be respected by the public sphere that is girded round by the law. 

Quoting Sophocles’ Antigone, Prof. Benson noted that tensions between the so-called divine and imminent or state laws as in a non-theocratic state have always been with us. He stressed the importance of a wide respect by the law for civic associations in addition to but particularly in relation to religion which guides citizens views about wrong and right beyond matters that are regulated by law.
 

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