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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

B. Iur. programme in Occupational Risk Law first of its kind in the country
2010-11-26

The University of the Free State (UFS) will offer a B.Iur. degree programme in Occupational Risk Law from 2011.

This programme of the Faculty of Law is the first of its kind to be offered in South Africa and positions the UFS in the forefront of this field of study.

The programme is designed to develop and qualify professionals, knowledgeable in the field of occupational risk law as prescribed by South African legislation and international best practices. It further offers a qualification based on a well-researched basis of applicable legal principles, combined with safety, health, environmental and quality risk management principles applicable to employers and employees in a specialised industry.

The B.Iur. (Occupational Risk Law) has been developed by experts within the parameters of international comparability, according to research-based identification of career demands and requirements in the fields mentioned.

By introducing this programmesignificant progress will be made towards achieving the nationally stated objective of legal safety, health and environmental quality assurance in the workplace and within the broader community. The programme will also encompass the values and standards prescribed by the Institute of Safety Managers. This will provide them with a further step towards the regulation of the professional en ethical standards in the field of legal safety, health and environmental quality assurance.

With the programme, the UFS not only creates a unique opportunity for stakeholders and learners to add meaningful value to their careers, but also exerts a meaningful influence on the industry and society in terms of the acquisition of a most appropriate type of qualification. The B.Iur. (Occupational Risk Law)degree therefore offers a meaningful contribution towards the industry through addressing the increasing demand for career opportunities in the field of legal safety, health and environmental quality compliance.

The new programme is the result of an agreement between the faculty and its partner, IRCA Global. The university officially launched its partnership with IRCA Global, an international supplier of risk management solutions pertaining to safety, health, the environment and quality in 2008. As part of the agreement, the UFS will offer short learning programme, a diploma and a degree in Risk Management.

IRCA Global is a South African company in the international risk control and SHEQ environments with filials in Africa, Australia, India, Eastern Europe, and South America.

In the interim IRCA Global has continued with the marketing of the programme, with the result that hundreds of potential students are waiting for the launching of the programme. The faculty is geared towards offering the programme in e-learning. New modules will also be offered with the help of IRCA’s trained and skilled facilitators. The faculty also utilises the partnerships entered into with IRCA to appoint practising specialists as part-time lecturers for the occupational risk law component of the programme as well as to develop a new specialist component amongst the permanent staff.

The programme is already active and students can register for the first semester 2011 (study code 3324, programme code M3000). Direct your enquiries to Cora-Mari de Vos at 051 401 3532 or devosc@ufs.ac.za.

The programme consists of fundamental modules of the LL.B. and B.Iur., as well as short learning programmes in the Faculty of Law and specially developed core modules in occupational risk law. The B.Iur.in Occupational Risk Law enables successful candidates to enrol for applicable Post Graduate Diplomas or a cognate Honours Degree. Obtaining one of these qualifications provides the platform to articulate to Magister degrees. Horizontal articulation possibilities exist with the accredited Baccalaureus of Law (LL.B.) which is presented by several institutions in the country.

Media Release
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za
26 November 2010

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