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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

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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