Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
12 November 2024 | Story Dr Nombulelo Shange | Photo André Damons
Dr Nombulelo Shange
Dr Nombulelo Shange, Lecturer in the Department of Sociology at the University of the Free State

Opinion article by Dr Nombulelo Shange, Lecturer in the Department of Sociology at the University of the Free State


Women For Change has created a very important petition, calling for the cancellation of the upcoming Chris Brown concert. Chris Brown has a long history of abusing women, with the 2009 abuse of Rihanna being the most notable example. The Women for Change petitionhas been polarising, with some celebrating the activism and support for women, even when it seems “unpopular” to do so. Others have rushed to social media to defend the American singer, sharing their excitement about attending the concert.

The sad reality is the Women For Change campaign is unlikely to succeed given that the tickets sold out in a matter of hours. South Africa prioritises profit over everything, over social well-being, over protecting vulnerable groups, its own state agenda or other important social factors. But this is an important campaign because it drums up awareness and holds a mirror to our society, reflecting the lengths we will go through to defend patriarchy.

Understanding structures of patriarchy through a radical feminist perspective

The overwhelming support for Chris Brown in a country that has been labelled the rape capital of the world, shows we are unwilling or unable to understand how we gained this jarring reputation. Patriarchy is at the centre of it all, radical feminist scholar, Sylvia Walby offers deeper discussion on patriarchy. Broadly, patriarchy is a social system that prioritises men and sees them as superior to women and is rooted in the oppression and marginalisation of women.

Walby identifies six social structures and practices that create or reinforce patriarchy, namely;

  • Household production, which includes everything from the hierarchy of importance within the family, women’s roles often being seen as inferior and unpaid domestic work.
  • Labour, where women are either excluded, discriminated against and/or paid less.
  • Culture, which entails ideologies and praxis that portray women as inherently inferior, a view often reinforced by religion, media and even language.
  • Sexuality ensures that women’s sexuality or sexual expression is more controlled, while men have more freedoms. Women have less bodily autonomy and agency.
  • Violence, gender-based violence and sexual abuse give men power over women, leaving women subdued and fearful.
  • Finally, the state and related structures like legal systems, policies and so on have a long history of perpetuating systematic and direct violences against women.

Intersectional politics and patriarchy

These six structures of patriarchy seldom ever exist in isolation from each other, in fact, it can be challenging to tell them apart because they are so interwoven. A single event could see one or more of these structures at play, which is why in part it becomes difficult to ensure justice in individual cases or to even dismantle patriarchy as a whole to protect everyone (including men) from the harm patriarchy causes. Intersectional scholars and activists such as Audre Lorde, Kimberlé Crenshaw, bell hooks and Patricia Hill Collins further help us understand the complex cocktail of oppression when patriarchy is met by other social identities perceived as negative, including; race, class, religion and so on.

These two theoretical approaches provide a lens for society to understand gender and different forms of oppression, so that we might be better able to address them. So, if a black woman in South Africa experiences oppression at a predominantly white-male-led highly respected place of work, and the abuse and bullying eventually leads to the black woman being pushed out with some reputational harm – in this singular case it becomes clear that there are different structures of patriarchy involved, and intersectional politics at play. The intersectional politics help us understand the racial and other social nuances like age and others that were used as a basis for marginalising this black woman. Multiple structures of patriarchy are at play in this illustration, labour, because the oppression is taking place in the workplace. Sexuality might also be at play depending on the kind of abuse the black woman is experiencing and because this structure of patriarchy includes bodily autonomy and the risk of being sexualised at work, based on rigid ideas around how one should behave or dress. Culture is also at play and informs the view that the workplace has towards the black women being seen as incompetent, incapable and not belonging in that space. And even the state and related structures are also interlocked into this oppression because stronger legal and policy protections that should prevent this kind of workplace abuse are missing. Many of these listed patriarchal violences are usually not viewed as illegal and are at worst, welcomed and celebrated or at best, seen as unfair or bordering on unethical

Connecting to the Chris Brown boycott

I am making this example because it is a relatable one that most women have gone through, even those who have come out fiercely defending Chris Brown. Whether you are a domestic worker or hold one of the most “important” roles one can hold within your industry, and it is followed by national and global recognition, we have all experienced some kind of gendered oppression in the workplace, relationships, and society as a whole. The structures of patriarchy active in our seemingly more relatable systemic oppression and lives as South African women are exactly the same, even though the events and experiences of abuse might appear to be different. It is the same structures of patriarchy that oppress us on a daily basis, that enable and empower artists like Chris Brown, P Diddy, R Kelly or Harvey Weinstein to rise to such prominence despite being known abusers for decades. To protect and celebrate these people and systems the way we have done, is to preserve and defend the very same oppression we go through in our own daily lives.

We have seen some very influential celebrities and leaders we love and look up to support Chris Brown or criticise Women For Change’s boycott and in doing so have attempted to compartmentalise abuse as separate from Chris Brown’s artistry and work. This is not true, many of these men mentioned above, use their places of work to enact their terror. Their connection to media and ability to shape and inform culture sees them normalising their violence or discrediting victims. We believe them because we are moved by their work and do not want to believe that such talented people can be so vile.

South Africa has its own fair share of these kinds of demonic perpetrators who hunt women for sport. The problem with our division as a country (and especially as women) over issues like this Chris Brown boycott, is that we believe we are different and have therefore transcended some of the patriarchal oppressions. You could be a young, poor woman, wearing next to nothing, twerking in a hip-hop music video for a living, or a church woman and highly respected member of your community, married with children and a thriving career in what is perceived as an important industry, patriarchy does not care. It treats us all with the same brutality, we must understand that these intersectional politics interact with patriarchal structures to create shared oppression and violences. We must see ourselves in the experiences of the women who come forward against artists like Chris Brown because it could easily be one of us. In the rape capital of the world, this threat of violence follows us everywhere, in churches, our homes, work, school and even mundane places like the post office.

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).  https://www.gov.za/16DaysOfActivism2024

 

Other articles by Dr Shange

Violent events will continue to take place if poverty is not eradicated as a matter of urgency

Black women’s hair: A political battlefield

Opinion: Disrupting the harmful ‘strong black woman’ narrative

Xenophobic South Africa goes against the Pan-Africanist agenda that liberated us from Apartheid

Black men take a page out of their own oppression to marginalise black women in higher education

Opinion: Love as Revolutionary Rebellion

African Knowledge: Not yet uhuru

South Africa has betrayed the dreams of the youth of 1976

Charges against Frederick Mhangazo for Cape Town fire criminalise poverty

Opinion: Overcoming COVID-19 with the strength and resilience of Sharpeville

Can we use African Indigenous Knowledge to tackle COVID-19?

Tokenised celebrations of black womanist leaders negate their success

What are we really celebrating this Women’s Day?

 

 

News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept