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19 September 2025 | Story Tshepo Tsotetsi | Photo Tshepo Tsotetsi
Bathroom Safety
From the left: Dimakatso Mokoaqatsa, Assistant Researcher in the Unit for Institutional Change and Social Justice; Katleho Mabula, UFS student; Kgomotso Sekonyane, 2024/2025 ISRC Treasurer; and Dr Dionne van Reenen, Lecturer in the UFS Centre for Gender and Africa Studies.

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

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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