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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

Questions about racial integration in residences answered
2007-07-31

Answers to frequently asked questions about the racial integration of student residences at the UFS

1. Why does the UFS want to change the current situation in the student residences?

There are many reasons why a new approach to placement in the student residences is necessary. However, the main reason is of an educational nature. As a university, the UFS should create an environment in its residences where students can learn to appreciate and respect the rich diversity that is on offer at the university. A university accommodates students from many different backgrounds in terms of race, language, religion, economic status, culture and other aspects. If a student can learn to appreciate the value in this rich diversity at university, he or she will also be able to appreciate the value of this diversity in the workplace and broader society.

The current situation of predominantly white and predominantly black residences has not been able to cultivate such an appreciation for diversity and respect for one another as human beings, and will not equip students with the knowledge and skills required to manage diversity.

Besides this, there are many other areas of life in the residences that need attention. For one, we need to urgently establish a human rights culture in the residences so that the rights of all students can be respected. We need to address the abuse of alcohol, provide disabled students with their rightful place, and last but not least, really entrench a culture of learning in student residences.

Let us make the residences places we can be proud of – places of learning, of diversity, of respect; places of growth and development. This is the ideal we should all strive to achieve.  

2. Why does the management want to force us to integrate?

It is a false argument to debate the issue in terms of “force”. Any decision by a University, or any other organisation, regarding matters of policy, rules and regulations implies a restriction on the choice of an individual and an obligation to comply.  What we should focus on is whether this decision of the Council is in the best interests of our students.

The management of the university believes that it has a responsibility to give students the best education possible, not only in terms of what you learn in the lecture rooms, but especially in the residences as well. The residences can be very powerful places of learning about matters of great importance, both academic and non-academic.

The parallel-medium language policy separates students into largely white/Afrikaans and black/English classes. Efforts are being made to bridge this divide in the classroom, but we can also try to eliminate it in the residences.

The university is committed to building a new culture for the entire institution that is based on values and principles – such as an academic culture, non-racialism, respect for human rights and diversity – among staff and students.

In the context of student residences, the application of these values and principles still allows substantial room for the voluntary exercising of choice by individuals as well as by Residence Committees, notably with regard to the placement of students (they can still place 50 percent of first-year students), as well as the determination of the future character and traditions of a diverse residence.

Furthermore, students can still choose their residences (subject to availability of places), can choose a roommate, and so forth.

3. What about freedom of association?

The rights we enjoy in a democracy must be balanced against other rights, as well as the laws of the country. This means that the right to freedom of association must be balanced against laws that make it illegal to discriminate against other people on the basis of race, language or religion, for instance.

Freedom of association pertains to the right of individuals to form voluntary organisations such as clubs or private boarding houses, or their right to join or not join existing organisations.  You exercise that right when you decide to become a student of the UFS, and again when you choose to live in one of its residences.

However, once you have decided to join an organisation voluntarily, you cannot subsequently demand that that organisation should provide a “club” or residence to your liking where, for instance, you only associate with your choice of co-members. You must accept the policies of that organisation.

In any case, how would that right of yours be balanced against the right of another individual who wishes to associate with a different set of co-members? (For instance – what about the freedom of a student to associate with students NOT from his own background, but indeed from another language, cultural, racial or economic background?) 

The constitutional right to freedom of association can, in any case, not be used to exclude or discriminate on the basis of race or religion (Section 18 of the Bill of Rights).

Besides, the new policy guidelines will still make provision for freedom of association. This right can be exercised freely within a diverse residence with regard to friendships, joint academic work, socialising, sport, etc.

4. Will residences not lose their traditions?

The University appreciates that there are many valuable elements of tradition in residences. However, we must bear in mind that the traditions and character of student residences have evolved and changed over time, and they will continue to evolve and to change. In addition, we do not need to accept all aspects of residence life purely on the basis of tradition, including the unacceptably high level of alcohol abuse and unsavoury, humiliating and discriminatory orientation practices. The new approach to integrated residences provides the opportunity to retain the positive aspects of the current traditions and character, but also to develop new traditions and give residences a new character.

We can now establish a tradition and a character for each residence that are reconcilable with the values of the University as a place of scholarship and are aligned with the human rights approach of our country’s Constitution, the laws of our country and the strengths and diversity of the students in a particular residence.

5. Have students been involved in this process? Is there a role for them to play after the decision has been taken by the Council of the UFS?

In the first semester of 2007, during two rounds of consultations, the primes, SRC and student organisations were consulted about the proposed new placement policy to increase diversity in residences. Some residences also made written submissions on the matter (such as Madelief, Soetdoring, Wag-'n-bietjie, Vergeet-my-nie, Emily Hobhouse). Other residences requested and were granted more time, but did not make any submissions in the end (such as Reitz and Armentum).

Management also had several meetings with the above-mentioned structures to hear first-hand from students their concerns and solutions regarding possible challenges presented by integration in residences.

During these interactions, several excellent ideas and proposals were put forward by students. These views had a definite impact on the eventual proposal that was taken to the University Council, in particular regarding the minimum level of diversity (30%) in junior residences and the fact that residences still want to have a say in the placement of students, rather than the placement decision being left in the hands of Management alone (hence the 50% placement portion of residences). Management values the effort that was put into the process by the primes and residence committees, and thanks them for their contributions.

However, it should be stressed that consultation should not be understood as a process of negotiation, nor does it imply that consensus must be reached. What it means is that Management must take a considered decision after hearing the views of stakeholders.

Management would like students to continue to provide input and ideas regarding the implementation details of the policy guidelines. Task teams have been established and students will be informed about how they can interact with the task teams on an ongoing basis.

6. But integration in the residences was tried in the past (in the late 1990s), and then it failed. Why will it work now?

Yes, the University of the Free State did integrate its residences as far back as 1993, and for a few years it worked. The UFS did it at that time and is now doing so again, because it is the right thing to do. Yet it is important to understand why the previous attempt at racial integration in residences was not successful.

Firstly, both black and white students were much polarised because of the apartheid past. Secondly, there was insufficient management support for students in the residences, the student leaders generally as well as residence heads, in terms of dealing with diversity and related issues. Thirdly, the institutional culture of the UFS and the residences in particular was not addressed as part of broader transformation and integration in residences, whereas it is now being addressed.

In addition, the current decision to integrate residences has the benefit of being implemented after several more years of integration in schooling, sport, workplaces and other aspects of life.

This decision is also based on Management’s commitment to give all the possible support it can to this process.

This is a very important initiative that the UFS is undertaking. Management, in co-operation with students, must ensure that it succeeds. Integrated residences that produce high-quality graduates equipped to deal with the challenges of the workplace and our society is a worthwhile ideal we should all strive to achieve.

If you would like to make a proposal regarding the implementation and practical aspects of the new policy, please send it to the following email address: rector@ufs.ac.za

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