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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

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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