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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

Dean of Law appointed for second term as acting judge in the Free State High Court
2017-02-17

Description: Prof Nicholson  Tags: Prof Nicholson

Prof Caroline Nicholson, Dean of the Faculty of Law

The Dean of the Faculty of Law, Prof Caroline Nicholson, has been re-appointed by the Judge President of the Free State High Court, Judge Mahube Molemela, to serve a full term in 2017 as an acting judge. This will be her second term, as she served in the same position in early 2016, and it is such, a testament to her outstanding work. Her re-appointment is a source of pride not only to the University of the Free State, but the city of Bloemfontein, and the region as a whole.

Since taking up the position of Dean in 2015, Prof Nicholson has demonstrated exceptional leadership, and continues to take great strides in developing the Faculty’s internal and external programmes. “I am delighted that the University has facilitated my taking advantage of this opportunity. During this term, I will be exposed to a diversity of legal matters both civil and criminal, some of which I was not exposed to during my previous acting period. The exposure to the practical aspects of the law from the perspective of the Bench will inform my decisions regarding curriculum review and development, at a time when the faculty is actively engaged in ensuring that curriculum content is both relevant and context-appropriate,” said Prof Nicholson.

She adds that her appointment as acting judge will strengthen the Faculty’s positive relationship with the legal profession and, especially with the Bench. It will also benefit the Faculty, its staff and students.  In 2015, the Faculty partnered with the International Association of Women Judges (Free State Chapter), to host a dinner, which will be hosted again this month. The association brought to the fore new ventures into the involvement of women judges in an advisory capacity and sharing of expertise. In 2016, members of the association began to enact this role.

Judge Molemela and Judge Azhar Cachalia of the Supreme Court of Appeal accepted appointments to the Advisory Board of the Free State Centre for Human Rights. Judge Khalipi “Jake” Moloi of the Free State High Court in Bloemfontein, gave trial advocacy tips to teachers, coaching the Schools Moot Court Competition. Prof Nicholson said: “It is hoped that more opportunities will arise to increase interaction between students and the judiciary, both are eager for this to happen. I am also learning a great deal and am once again enjoying the collegial and supportive environment that my colleagues create at the High Court.”

Prof Nicholson holds an LLD from University of South Africa, and has published several research articles in accredited journals, with a special interest in Family Law and children’s rights.

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