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Dialogue sparks conversations on bathroom safety and inclusion

19 September 2025 | Story Tshepo Tsotetsi | Photo Tshepo Tsotetsi

During Women’s Month in August, the University of the Free State’s Unit for Institutional Change and Social Justice hosted a dialogue titled ‘How Safe Are You in the Bathroom?’. The event provided a platform for staff and students to reflect on safety, dignity, and inclusivity in one of the most ordinary yet contested spaces: public bathrooms.

Bathrooms are often spaces where fears, anxieties, and discrimination intersect. In South Africa, where gender-based violence remains alarmingly high, many cisgender women understandably see bathrooms as places of potential danger. At the same time, transgender and gender-diverse people frequently encounter exclusion and “quiet violence” when accessing these facilities, making bathrooms symbolic battlegrounds in broader debates about gender and safety.

Reimagining the bathroom

Chelepe Mocwana, Acting Director of the Unit, explained the motivation behind hosting the dialogue by drawing from everyday experience in his own office, where colleagues share a gender-neutral bathroom. “It made us think deeply about how people negotiate safety and comfort in these spaces. Following our benchmarking visit to the University of Pretoria, we realised the importance of engaging our own community, especially students, because they are the key stakeholders. We wanted to ask them directly: How safe do you feel in the bathroom?”

Mocwana stressed that inclusivity at the university must be grounded in equity and social justice, not just policy. “Transformation requires the active participation of both staff and students. Everyone must understand the anti-discrimination policies and the offices responsible for transformation. Our intention with this dialogue was not only to talk but also to raise questions, challenge assumptions, and embed social justice into the daily life of the university. Inclusivity must be something that everyone can feel and practise.”

Building on this, Dimakatso Mokoaqatsa, Assistant Researcher in the Unit and coordinator of the event, reminded the audience that bathrooms are “seemingly an everyday place that somewhat goes unnoticed. Everyone goes in and out of the bathroom every day. But most people don’t think about safety – the safety of the minorities, those discriminated against and denied the chance to be themselves in these spaces.”

Sharing her lived experience, Katleho Mabula, a transgender woman and student, reflected on the uncertainty she faces outside the university. “I only feel safe on campus,” she said, recalling how she was once expelled from a nightclub because of her identity. “My experiences as a transgender woman are nerve-racking, because I don’t know what to expect. Today, they might treat me right. Tomorrow, I can get kicked out or even killed.”

Kgomotso Sekonyane, a student leader, noted the paradox of bathrooms as both refuge and risk. “Growing up, my primary answer to what I’d do if intruders broke into our home was always to lock myself in the bathroom. For many of us, the bathroom is really a safe haven,” she said. She urged the audience to reimagine bathrooms as “microcosms of the constitutional promise”, citing Sections 9, 10 and 12 of the Constitution.

Building solidarity

Panelists emphasised that inclusivity requires more than symbolic gestures. Dr Dionne van Reenen, a lecturer in the UFS Centre for Gender and Africa Studies who previously worked in the Unit for Institutional Change and Social Justice and was involved in shaping the university’s early inclusive bathroom policies, highlighted that inclusive bathrooms were introduced at the university as far back as 2016. But, she added, progress must go beyond policy: “If you’re going to speak about solidarity, you need to pull everyone into conversation, policy, and action. Solidarity cannot coexist with irreconcilable differences of identity politics.”

Similarly, Brightness Mangolothi, Director of the Centre for Diversity, Inclusivity and Social Change at the Cape Peninsula University of Technology, stressed that inclusion must be intentional: “Solidarity can only take place when we are aware of others’ experiences. Sometimes people become oblivious because of the privileges they have. Inclusion is not a nice-to-have – it is a necessity, a right.” She added that the conversation should not be about designing bathrooms for marginalised groups but with them: “Nothing about us without us.”

Mokoaqatsa closed the discussion by echoing a reminder she had shared throughout: “I am not free while any woman is unfree, even when her shackles are different from my own.”

News Archive

UFS law experts publish unique translation

2006-06-21

Attending the launch of the publication were from the left: Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English. This source dates back to 1666.

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law. It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa. The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS. Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning.

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority. “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of a Frenchman by the name of Pothier. This treatise was translated into English and was regarded as an authority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning.

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law. Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands. "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law. Prof Wessels, who has 15 degrees, spent almost ten years translating the treatise. The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
21 June 2006

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