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30 October 2024 Photo Supplied
Bokang Fako
Bokang Fako, Research Assistant at the Free State Centre for Human Rights, Faculty of Law, University of the Free State.

Opinion article by Bokang Fako, Research Assistant at the Free State Centre for Human Rights, Faculty of Law, University of the Free State.


It has been an eventful year, with historical highlights in our country. This year marks 30 years since we were declared a democratic state and the same year we held our 7th general elections, the results of which produced a Government of National Unity (GNU). October 2024 also marks 34 years since Africa’s first Gay Pride march, which took place on 13 October 1990 in Johannesburg. The march was organised by Simon Nkoli, together with Beverly Ditsie, Edwin Cameron, and other activists who were part of the GLOW collective. On this day, about 800 members of the LGBTQA+ community gathered to celebrate their queer identities and speak against the discrimination they continued to endure under the apartheid regime. They highlighted their experiences as black people who were also queer who had to navigate a racist and sexist regime that continued to marginalise them.

This year’s historical events serve as a reminder of how nuanced, multiplicitious and intertwined our experiences and struggles are as a country. Yet there exists a dominant narrative that is biased and rooted in a heterosexist mandate that essentialises a one-sided experience which distorts the complete story. The danger of amplifying one part of history while suppressing the other parts results in the erasure of significant parts of history which make up the entire narrative. We are left with experiences that have been assumed to represent the experiences of the entire people. If we do not speak or write about South African Pride Month with the same enthusiasm as we are about other historical events, we are not telling the whole truth.

This perpetual epistemic erasure of minority groups from historical narratives is why I want to accentuate Simon Tseko Nkoli’s intersectional activism during the apartheid regime and how his work has significantly influenced this country’s socio-political trajectory. The current narrative around apartheid and the progressive political figures who were involved in the struggle is one that is biased, only celebrating mainstream figures who are often cis-heterosexual men, instead of black women and queer people.

Nkoli’s activism embodies the tenets of intersectional feminism, which teaches us to acknowledge the multidimensional experiences of black women in the context of how areas of class, gender, race and sexuality interact with one another and the distinct levels of discriminations these produce. Intersectional feminism basically argues that, due to layered identities, cis-heterosexual black men experience racism far differently to how black queer women experience it. It becomes imperative for anti-discrimination interventions to centre this approach into attempts to eradicate discrimination.

At the time when black people were oppressed under the apartheid regime and the struggle was deemed to only be between blacks and whites, Nkoli, as a black gay man with a layered existence, did not compartmentalise his identities, nor did he prioritise one over the other. Nkoli recognised that it is not possible to be black first and gay second, that both issues are intertwined and can be linked to other social issues, including sexual health.

Anti-apartheid

Nkoli joined politics from a very early age. He formed part of the Congress of the South African Students (COSAS) where he served as a secretary and was almost forced to relinquish his position due to his sexuality but was eventually retained when his fellow comrades conceded to accept him for who he was. In 1984, Nkoli was arrested alongside 22 other political figures for protesting against the unfair increase of rents in Sebokeng. He, alongside his comrades, was detained and charged with treason, the sentence for which, was the death penalty. The charges were exaggerated because they were associated with the United Democratic Front (UDF) which was deemed a threat by the apartheid government. Their trial was notoriously known as the Delmas Treason Trial, the most prolonged political trial in the history of this country. Even while in prison for this matter, Simon’s sexuality was still a matter of contention. 

LGBTQIA+ rights

When he publicly declared his sexuality at the age at 20, he was met with resistance that was exacerbated by his anti-apartheid activism. The resistance was escalated by his romantic relationship with a white man, Roy Shepherd, because of the pervasive racial divisions. He was not deterred by this, which led to the establishment of the Gay and Lesbian Organisation of the Witswatersrand (GLOW) through which he would highlight the intersections between race and sexual identity and helped highlight the existence and experiences of LGBTQIA+ people during the apartheid regime. GLOW was formed as a deliberate deviation from the Gay and Lesbian Association (GASA), which was predominately white-led and non-political and did not speak out against racial issues. While working alongside other queer activists through GLOW, they organised the first Gay Pride in South Africa, the very first Gay Pride in Africa. Through this organisation they raised awareness about the lives and experiences of LGBTQIA+ people. The movement ensured that the rights of the LGBTQIA+ people are recognised and fully acknowledged in the new constitution as we transitioned into a democratic country.

“If you are black and gay in South Africa, then it really is all the same closet … inside is darkness and oppression. Outside is freedom.”

Sexual health activism

He experienced homophobia in prison and was diagnosed with HIV there but could not access medication for some time. He spoke openly about his diagnosis to raise awareness about the pandemic and eventually helped of form part of the Townships Aids Project and publicly identified as a “Positive African Man”. His advocacy on HIV and AIDS was instrumental in raising awareness about the virus, primarily because it was at a time when society was not heeding warning calls about practising safe sex. There was massive stigma around the disease and homosexuality. Meanwhile, more people were getting infected and ARVs were not freely available. Nkoli contextualised his blackness and sexuality in speaking about his status, access to medication and making sense of the HIV pandemic.

I believe South Africa’s historical narratives often erase Nkoli’s activism because he does not fit the conventional struggle-icon parameters which are rooted in hetero-patriarchal standards. His queer identity places him on the margins. His work was influential and important to the struggle, but always decentred, for similar reasons Nelson Mandela was more idolised than Winnie. Patriarchy thrives on placing black cis-gendered men on the pedestal, which is often at the expense and erasure of the minoritised groups.

Nkoli’s activism teaches an important lesson about the nuanced approach to social justice and anti-discrimination issues. I learnt from him that struggles are connected, and some inform the others or create new forms of discrimination. He simultaneously, prioritised being black, gay and living with HIV, to emphasise that our existence is not monolithic. It is because of Nkoli’s work that I recognise and speak for the struggle of black queer people, not only in South Africa, but across the continent, particularly where the criminalisation of homosexuality is still prevalent. We may be demarcated by borders or distinguished by social identities, but it would be ahistorical to disregard how our lives and experiences are intertwined, just as our histories of systems of violence and oppression are intertwined.

So when we theorise and discourse about South African history, when we commemorate and reflect on how far we have come, may we always remember Nkoli’s work because even in his death, he is as much of a struggle icon as the rest of them. 

News Archive

UFS welcomes Constitutional Court’s ruling on its Language Policy
2017-12-29



The executive management of the University of the Free State (UFS) welcomes today’s judgement by the Constitutional Court in favour of the university’s Language Policy. The judgement follows an appeal lodged by AfriForum against the judgement and order delivered by the Supreme Court of Appeal (SCA) on the implementation of the UFS Language Policy on 28 March 2017. 
 
In a majority ruling, Chief Justice Mogoeng Mogoeng denied AfriForum’s application for leave to appeal the SCA’s ruling, and said the UFS Council’s approval of the Language Policy was lawful and constitutionally valid. The court found that the adoption of the Language Policy was neither inconsistent with the provisions of the Constitution, nor did it violate the Constitutional rights of any students and/or staff members of the UFS.
 
Today’s landmark judgement is not only paving the way for the UFS to continue with the implementation plan for its Language Policy as approved by the UFS Council on 11 March 2016, but it is also an indication of the value which the university’s decision to change its Language Policy to English as primary medium of instruction has on higher education in South Africa.
 
“The judgement by the Constitutional Court is not a victory against Afrikaans as language. The UFS will continue to develop Afrikaans as an academic language. A key feature of the UFS Language Policy is flexibility and the commitment to strive for a truly multilingual environment. Today’s judgement allows the UFS to proceed with the implementation of its progressive approach to a language-rich environment that is committed to multilingualism,” says Prof Francis Petersen, Rector and Vice-Chancellor of the UFS.
 
According to Prof Petersen, the UFS is dedicated to the commitments in the Language Policy and, in particular, to make sure that language development is made available to students in order to ensure their success as well as greater levels of academic literacy – especially in English. This includes contributing to the development of Sesotho and isiZulu as higher-education languages within the context of the needs of the different UFS campuses.
 
“We can now continue to ensure that language is not used or perceived as a tool for the social exclusion of staff and/or students on any of the three campuses, and continue to promote a pragmatic learning and administrative environment committed to and accommodative to linguistic diversity within the regional, national, and international environments in which the UFS operates,” says Prof Petersen.
 
The UFS is the first university in South Africa appearing before the Constitutional Court regarding its Language Policy. 
 
During 2017, the Faculties of Health Sciences, the Humanities, and Law started with the implementation of the new Language Policy at first-year level. This includes the presentation of tutorials in Afrikaans. The remaining faculties will start implementing the policy as from 2018.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

Related articles:
UFS welcomes unanimous judgement about its Language Policy in the Supreme Court of Appeal (28 March 2017)
Judgement in the Supreme Court of Appeal about UFS Language Policy (17 November 2016)
Implications of new Language Policy for first-year students in 2017 (17 October 2016)
UFS to proceed with appealing to Supreme Court of Appeal regarding new Language Policy (29 September 2016)
UFS to lodge application to appeal judgment about new Language Policy (22 July 2016)
High Court ruling about new UFS Language Policy (21 July 2016)
UFS Council approves a new Language Policy (11 March 2016)

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