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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

Researcher finds ways to serve justice efficiently
2016-01-07

Description: Prof Monwabisi Ralarala  Tags: Prof Monwabisi Ralarala

Prof Monwabisi Ralarala tackled the serving of justice from a linguistic viewpoint.
Photo: Supplied

In 2012, local and international media was saturated with reports of the Eugène Terre’Blanche murder trial. At the judgment, Judge John Horn read a lengthy extensive document, of which three pages were dedicated to voicing his concern about how police officers distort statements in the process of translation. Considering the fact that statements are the entry points to the criminal justice system, Prof Monwabisi Ralarala’s attention was drawn to the negative impact such distortion had insofar as the administration of justice was concerned. Of the three PhD degrees conferred by the University of the Free State (UFS) Faculty of Humanities at the 2015 Summer Graduation, one was in Language Practice with Prof Ralarala’s name on it.

Prof Ralarala’s research interests in language rights, forensic linguistics, and translation studies led him to use the Terre’Blanche trial as the basis for his second PhD case study titled: Implications and explications of police translation of complainants' sworn statements: evidence lost in translation. The doctoral dissertation focused on police stations in the Xhosa-speaking community of Khayelitsha in Cape Town.

Language and the law

When the victim of a crime approaches the South African Police Services (SAPS), the requirements are that a sworn statement be taken. However, as a prerequisite, the narration needs to be translated into English.  “The process unfolds in this manner: the complainant or the person laying the charges speaks in a language that they understand, and then the police officers translate that information into English because English is still the de facto language of record,” explained Prof Ralarala.

In the process of translation, the original narrative is lost, and so is some of the evidence. “They [the statements] have to be packaged in a certain way, in the form of a summary. As a police officer, you have to discard all the original narrative and create another narrative which is in English,” added the Associate Professor and Institutional Language Coordinator at the Cape Peninsula University of Technology.

Evidence is the basis of any court case and, when it is translated by police officers who do not hold the credentials of professional translators, a problem inevitably arises.

Because police officers are not trained in translation, “Some of the statements are filled with distortions, changing of information all together. In some cases, one would come across a case which was initially an assault but then - through the change and transformation, re-narration, retelling of the story by someone else - it becomes a case of attempted murder.”

Considering that a statement determines a suspect’s fate, it becomes all the more important to ensure that accuracy is upheld.

His internal and external supervisors, Prof Kobus Marais and Prof Russel Kaschula from the UFS and Rhodes University respectively stated that his PhD work has been hailed as a gem by international scholars. “According to one international assessor, he has made an exceptional contribution to the humanities and social sciences in general and to the fields of linguistics and translation studies in particular.”

Reshaping the landscape

According to Prof Ralarala, there are huge gaps in the translated versions of statements which create a problem when a ruling is made. Some of the recommendations put forward in his dissertation to bridge that gap are:

• to review the language policy insofar as the criminal justice system is concerned. The languages we speak are official and constitutionally embraced, and they hold the same status as English, hence they need to be used in criminal justice processes;
• to revisit the constitution and review if the provisions made for the Nguni languages are implemented;
• to supplement paper and pen with technology such as tape recorders. Statements can be revisited in cases where a controversy arises;
• to deploy professional translators and interpreters at police stations;
• to design a manual for police officers which contains all the techniques on how a statement should be taken.
• to enforce constitutional  provisions in order to reinforce the language implementation plan in as far as African languages are concerned .

These recommendations serve to undo or eliminate any perceived injustices perpetuated and institutionalised by current linguistic and formal practices in South Africa's criminal justice system.

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