Companies and Institutions should strengthen their workplace wellness programmes, as it will help in early identification of a problem for a timely response.
Read the full article here.
News Category: In Print Media
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MenEngage Network decries senseless killings
At the height of Women’s Month celebrations, MenEngage Network Eswatini is disturbed by the recent gruesome murder of two young girls who were raped and thereafter murdered around Mbabane a week ago.
Read the full article here.
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‘Men should talk about abuse’
Due to socialization, men continue to bottle issues and not come out in the open out about them.
Read the full article here.
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Only one of multiple aggressors
The article below appeared in The Star, 23 November 2016
On Monday, Judge Mohamed Ismail, in the high court in Randburg, found former ANC Youth League (ANCYL) official Patrick Wisani guilty of murdering his girlfriend Nosipho Mandleleni by beating her to death with a sjambok and a broomstick on the night of Saturday September 5, 2015.
Wisani was also found guilty of assaulting Mandleleni’s twin sister Siphokazi and a friend of hers in an attempt to deter them from giving evidence. In addition, he was found guilty of intimidating witnesses in the case.
Sentencing will take place on Monday also in the high court in Randburg.
At the time of the murder, Wisani was ANCYL chairman for the Joburg inner city and had also been a member of the Yeoville community policing forum.
According to statements made to the media by friends of the couple, Wisani had previously assaulted Mandleleni who, according to this newspaper, “had tried to lay assault charges against Wisani in the past”.
Other media reported that he had also once assaulted another woman at a bar so brutally that she ended up in a coma, although charges in that case were dropped until the victim came forward as a result of the publicity generated by the murder case.
Throughout the 14-month trial, a coalition of civil society organisations comprising Sonke Gender Justice, Awethu!, Peace and Justice, Lawyers for Human Rights, People Opposing Women Abuse, and the Inner City Women’s Forum monitored the case closely to make sure Wisani was indeed held to account and that Nosipho Mandleleni and her family received some measure of justice.
We welcome the court ruling and hope it sends a clear deterrent message that violence against women will not be tolerated.
We reiterate our condolences to Nosipho’s family for whom a guilty sentence is little consolation for their loss.
However, without the active monitoring of the case by civil society organisations and community members, it is uncertain whether this verdict would have been handed down at all.
Judge Louw, initially appointed to preside over the case, proved himself wholly incapable of the task at hand.
He was often unable to remember the basic facts, referring to the accused as the defendant.
Only when the defence attorney and the prosecutor both threatened to petition the judge to recuse himself did Judge Louw step down.
We welcome and acknowledge the very different tone set in the court by Judge Ismail, who took the case seriously and applied his mind throughout.
Sonke has long held that public figures influence social norms and so shape our values and priorities.
For this reason, Sonke has consistently held public figures accountable when they violate women’s rights or use, promote or condone violence.
Wisani’s conviction demonstrates that concerted community action can expedite justice for survivors of violence and the families struggling with grief in the wake of domestic and sexual violence homicide.
Patrick Wisani is one of tens of thousands of men who have perpetrated violence against women in South Africa in the past year.
To deal with this crisis of violence will require a concerted effort by the government at all levels to address the causes of domestic and sexual violence.
For this reason, Sonke has been calling on the government to develop and implement a fully costed national plan that provides vital services to survivors, holds perpetrators to account and prevents violence before it happens.
Only when South Africa makes this commitment to ending violence will we begin to make progress in achieving our constitutional imperative of ensuring everyone’s physical integrity and achieving full equality between women and men.
To help end the abuse
A positive outcome of the Wisani case was the reaction by the ANC Youth League (ANCYL), said Ariane Nevin, a policy development and advocacy fellow at Sonke Gender Justice.
ANCYL spokesperson Mbali Hlophe condemned the killing, saying the organisation did “not tolerate any form of abuse whether it was committed and perpetuated by a member or not”.
Hlophe also recognised that it was the “patriarchal, chauvinist mentality” of some men that was a cause of such violence, as it contributed to them treating women as “objects to use and abuse as they please”.
Research conducted by Sonke Gender Justice shows a growing number of men are concerned about gender-based violence in their communities and want to be part of positive change.
Sonke responded to these findings with programmes such as the UN-sponsored One Man Can (OMC), which supports men’s convictions that a more equitable world is possible.
Sonke’s research revealed that in the weeks following participation in OMC activities, 25 percent of respondents sought voluntary counselling, 50 percent reported an act of gender-based violence, and more than 80 percent talked to friends or family members about gender issues.
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Give your little one more snuggles, not more screens
The article below appeared in the Sunday Times, 6 November 2016
By Nivashni Nair and Suthentira GovenderCellphones, tablets and TVs are replacing hugs and snuggles as infants spend more time in front of screens.
Concerned about the high levels of screen time to which babies and toddlers are being exposed, the American Academy of Pediatrics has recommended that children younger than two should not watch TV, videos or DVDs at all.
According to a recent report by the National Center for Health Research, American children under two spend more than two hours every day watching TV or using other screen media.
The centre warned in a recent research paper that videos for babies and toddlers — such as the Baby Einstein series — may slow down learning.
South African infants, according to parenting experts and psychologists, are mirroring their American counterparts.
Screen time appeared to replace interactive playtime which included “hugs and cuddles and direct talk with baby”, said Johannesburg counselling psychologist Dr Ingrid Artus.
“Most working moms and dads are extremely limited regarding available family time in general, so passive screen time for many serves as a type of babysitter.”
Artus said the first two years were a critical learning period in which children should be exposed to various interactive activities to develop gross and fine motor skills and language, emotional and social skills.
“Research studies have shown that passive screen time can compromise early childhood development.
“Parents talk less with their children when they are occupied with screen time. Talking directly with babies and toddlers is important for social, emotional and language development. Excessive screen time can be linked to sleep disturbance and attention problems.
Media Monitoring Africa’s William Bird said no statistics for baby screen time was available in South Africa, but given the increasing prevalence of smartphones and tablets, it would not be surprising that these devices were being used to not only distract infants but also as substitutes for general care.
Wessel van den Berg, who heads Sonke Gender Justice’s child rights and positive parenting desk, believes screen time causes a disconnect between parents and children.
“The issue is a tricky one, since most children in South Africa live with only one parent, usually mothers. It is easy to say that parents should cut down on screen time, but for a single mother with two or more toddlers, it’s unfortunately often the only option.”
Parents are divided on the screen time debate.
Genevieve Lanka-Govender’s 18-month-old daughter, Zoehannah, is fascinated with all things digital. “She can unlock phones, take it off flight mode, send SMS and WhatsApp messages and she loves making calls. She once called my colleague at 11pm and had a full conversation with him. Thankfully he was happy to do so.”
While she has exposed her child to diverse activities like museum visits, concerts and educational toys, Lanka-Govender said it’s difficult to cocoon a child in a world that was constantly evolving digitally.
Nompumelelo Kunene limits screen time for her 17-month-old son, Lubanzi. “He watches a bit of TV in the morning and the news with me in the evening. But I encourage lots of playtime as well,” Kunene said.
Kim Mari does not allow her eight-month-old daughter, Lyra, to watch TV, play on tablets or use cellphones. I see how addicted they can get and there is enough time when she is older to have some screen time.
“It’s hard with her brothers having iPads, but I will try not to let her use it for a while,” said Mari.
Kunene, 17 months, enjoys playing with phones and watching TV, but his mother encourages playtime without them (Picture: Jackie Clausen) -
Wisani admits he hasn’t got any money for lawyer
The article below appeared in The Star, 18 October 2016
By Gabi FalangaMusical chairs of legal representatives for murder accused Patrick Wisani continued after he admitted to the court that he had run out of money to pay his lawyers.
Wisani’s newest advocate, Lindumzi Ndongeni, indicated to the high court sitting in Randburg yesterday that he hadn’t received instructions to continue.
An agitated Judge Mohamed Ismail asked Wisani what the problem was. “Since I’ve taken all my files to these attorneys, he has gone AWOL. My attorney (Mpho) Selepe has decided to disappear,” said Wisani.
He admitted that he didn’t have enough money to pay his lawyers and asked the judge if he could be represented by a legal aid lawyer.
Judge Ismail responded: “This matter has been on the roll since last Monday and I’ve been accommodating you throughout the process.”
He added that it was Wisani’s constitutional right to have legal representation, but that “that right can’t just be applied willy nilly as and when it suits you”. The judge adjourned the matter until the court’s legal aid representative, advocate Andile Mavatha, arrived.
When Mavatha got to the court, he agreed to take on Wisani’s case and asked the judge if the case could be adjourned for him to familiarise himself with the matter.
Judge Ismail agreed to postpone the case to today but had a stern warning for Wisani. “I’m making it abundantly clear now to the accused that this matter has been delayed entirely as a result of either your (Wisani’s) doing or your lawyer’s doing.
“I want you to understand very clearly that this is going to be a final indulgence that the court is going to give you, unless there are exceptional circumstances.”
Wisani allegedly beat his girlfriend Nosipho Mandleleni to death with a sjambok and broomstick in September last year. His trial has been subjected to numerous delays; first, when the original presiding officer, Judge André Louw, recused himself after the trial had started in August.
Last month, it was postponed again to allow Wisani time to get his legal team together. Last Monday it was postponed after Selepe failed to brief his new advocate, Zimisele Masuku.
But Masuku told the court he was free to represent Wisani only from October 31. Selepe appeared in court last Tuesday to explain himself, and by Friday Ndongeni had been appointed to the case.
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Civil society calls for more media coverage of the Wisani case
The article below appeared in The Star, 22 August 2016
By Shain GermanerA coalition of civil society groups is calling for increased monitoring of the murder trial of former ANC Youth League leader Patrick Wisani.
Wisani, the former chairman of the Joburg inner-city branch of the youth league, is being tried for the murder of his girlfriend, Nosipho Mandleleni, whom he allegedly sjambokked to death last September.
Throughout his trial, which is taking place in the high court in Joburg, reports have emerged that Wisani tried to intimidate witnesses, including Mandleleni’s twin sister, Siphokazi, whom he allegedly assaulted too.
While his trial was expected to continue on August 11, the judge presiding over the case recused himself after both the defence and prosecution noted his confused behaviour.
Throughout the trial, Judge André Louw struggled to keep track of the facts, sometimes confusing witnesses, how they fitted into the case and the sequence of events proposed by the State.
A new judge was appointed and the trial was set to resume on September 8.
A group of civil society organisations has been monitoring the case but this weekend, the coalition asked for further help to ensure the trial continued correctly and that justice was served.
On Saturday, the Yeoville Bellevue No to GBV (Gender-Based Violence) Coalition called on all “concerned civil society organisations, as well as statutory and government structures involved in gender issues, to take note of this case and to make their voices heard”.
The coalition consists of Sonke Gender Justice, People Opposed to Women Abuse, Lawyers for Human Rights, the Awethu Project, Justice and Peace, African Diaspora Forum, the Inner-City Women’s Coalition, the Commission for Gender Equality and members of the
Yeoville Bellevue community
The coalition has also requested further media coverage of the case.
“Nosipho’s sister and two other women have bravely testified, despite threats made against them,” it said.
“Now that a new trial is to be held, they will have to do so all over again.
“The coalition calls on the media – print and electronic – to give attention to this trial when it resumes, and thereby honour the life of Nosipho Mandleleni, the bravery of the witnesses and the pain of all women who are victims of intimate partner murder and other forms of gender-based violence in this country” it said.
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‘It was the right time to protest about rape’
The below article appeared in The Sowetan, 8 August 2016
By Lindile SifileOne of the four young women who staged the silent protest #RememberKhwezi says it was a spontaneous act that even EFF leaders knew nothing about.
In fact, the quartet are not friends and only met at EFF events.
The longest time they spent together was during the elections at the Independent Electoral Commission (IEC) results operations centre in Tshwane where they represented the EFF until they were violently thrown out on Saturday night when they protested while President Jacob Zuma was speaking.
The four – Amanda Mavuso, 21, Naledi Chirwa, 23, Simamkele Dlakavu, 25, and Lebogang Shikwambane – are all university students.
They were holding placards written “I am 1 in 3”, “10 yrs later”, “Khanga” and “Remember Khwezi”.
These placards were referring to a rape case opened against Zuma 11 years ago by a woman dubbed Khwezi.
Zuma was acquitted and Khwezi relocated overseas.
Chirwa, the EFF Student Command’s legal and transformation officer, said being fed up triggered their action.
“The culture of rape has been our conversation for a long time. We have been saying that this conversation needs another platform because we have been protesting against rape in universities. But people still don’t want to listen.”
Sonke Gender Justice’s Bafana Khumalo applauded their “bravery”. “We’re disgusted at the way they were violently removed and the fact that [the] IEC issued a statement to apologise for disruption of the president’s speech,” Khumalo said.
Chirwa stressed that their protest was spontaneous.
“Simamkele and Lebogang came up with the idea. The mood was already tense after EFF delegates left and we knew that Zuma was coming.
“The universe was calling for this protest and this conversation. It’s long overdue,” Chirwa said.
“Everybody was as shocked as we were. The time we stood there felt like hours because we were all scared.”
Later, presidential bodyguards came and shoved them into a separate room and blocked media from getting inside.
One of them was heard screaming from the room.“They were pushing us very badly. I hurt my knee in the process. I cried out of shock. They were literally pushing us to the ground and swearing at us, saying ‘Who do you think you are? We will beat you up’.”
Chirwa said their action was not political and they were not a threat to Zuma or his security.
“Let them say what they want. This is not about them. The biggest humiliation here was not on Zuma, but Khwezi who was being disrespected,” she said.
Ministers angry at breach of security
Cabinet colleagues of Defence Minister Nosiviwe Mapisa-Nqakula, who reportedly confronted her over a protest during President Jacob Zuma’s speech at the release of election results on Saturday night, were not angry at her or the protesters but at “the serious breach of security”.
Mapisa-Nqakula’s spokeswoman Joy Peter said she was commenting “not as a duly authorised spokesperson of any party or organisation, but as a concerned citizen”. The Sunday Times reported the cabinet ministers nearly came to blows after the silent protest by EFF activists. Furious ministers Nomvula Mokonyane, Lindiwe Zulu and Bathabile Dlamini were seen confronting Mapisa-Nqakula over what they saw as a serious security breach.
The protesters staged the protest to mark 10 years since Zuma was acquitted on a charge of allegedly raping a woman who became known as Khwezi. The women all had IEC accreditation tags as part of the EFF election team.
Dlamini and Zulu had to be physically restrained by staff from attacking Mapisa-Nqakula, who they claimed was responsible for the embarrassment, as she was present in her capacity as head of cabinet’s security cluster, the Sunday Times report said. It said Mokonyane had shouted: “You sold us out! This can’t be! You sold us out!”
Peter said what transpired at the IEC centre was not only an embarrassment to the IEC but the country as a whole.
“The anger was at no point directed at Minister Mapisa-Nqakula but at the IEC security or lack thereof.” Peter said the question asked was how the protesters had come so close to the president without raising any alarm bells.
“The ministers were not angry at the protesting ladies or Minister Mapisa-Nqakula but at the serious breach of security. They never accused the minister of selling them out.
“They were pleading for her intervention … She made it clear to all parties concerned that the event was an IEC event and she had no authority to usurp its powers.” – TMG Digital
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A safer ride home
The following piece appeared in the Sunday Times, 7 August 2016.
By Leigh-Ann Hunter
It’s late in the evening by the time Nonhlanhla Skosana finishes up for the day and I reach her on the phone. She’s the person on the ground of the Safe Ride! campaign, which aims to reduce sexual harassment and violence towards women in taxis and at taxi ranks around South Africa.
Sonke Gender Justice, an NGO where Skosana is community education mobilisation unit acting manager, has partnered with the South African National Taxi Council to run the 12-month campaign.
The main push for the project came from the high number of cases of violence against women passengers by taxi drivers as well as queue marshals, Skosana explains.
“We have a number of women working awkward hours. Their only source of transport is taxis, so this exposes them to rape and assault. The taxi industry is not well regulated in terms of these issues. Some women don’t report the case because they know police don’t do anything, and they don’t know who to report to in the taxi industry.”
The Safe Ride! campaign, funded by the Danish embassy, aims to change this through a number of activities.
“The most important part is to engage and educate taxi drivers so they hold each other accountable and create a safe space for women within the taxi industry,” Skosana says.
Sonke will be training peer educators within the taxi industry on issues of gender equality and sexual violence. Over the phone, even though it’s late at night, Skosana’s passion comes across.
“I’ve seen how important it is to engage men… because we have men in our communities who are very positive and those are the men we can rely on to change other men.”
Decals designed by local artists will be produced for a number of flagship taxis.
“Taxis have stickers with negative messages against women. We want to change that and display stickers with positive messaging and information in terms of, if you are raped or threatened, where can you go.”
MTN taxi rank in downtown Johannesburg is one of the busiest in the city so murals will be created there. The campaign will also get its message across on television screens at taxi ranks, pamphlets, community radio – and by speaking to people through community dialogues and public education events.
“We want to create an environment where both the commuters and taxi drivers engage,” says Skosana.
The campaign will be launched on August 17 at the MTN taxi rank on Bree Street in Johannesburg from 10am to 1pm and Skosana encourages the public to attend. “We also urge the public to report cases of sexual harassment in the taxi industry… Most of the time people keep quiet. We would like people to be courageous.”
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Mining companies can appeal TB ruling
A full bench in the High Court in Johannesburg has allowed mining companies the right to challenge the transfer of damages to the widows and children of mineworkers who died of TB or silicosis.
This could possibly limit claims the companies faced for compensation if a class action against them were successful.
On Friday the court granted mining companies leave to appeal against a finding amending the common law in respect of general damages claims. But it rejected the appeal against the silicosis class action certification judgment.
After argument in court on Thursday, judgment was delivered on Friday on behalf of the full bench by Deputy Judge President Phineas Mojapelo.
The court said mining companies would not be allowed to appeal a decision by the court that allowed a class action case to proceed for compensation for mineworkers who had contract ed TB and silicosis.
The silicosis class action suit and the TB class action suit will proceed.
The mining companies implicated are African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields, Harmony and Sibanye Gold.
Chamber of Mines spokesman Alan Fine said the mining companies were still considering the judgment.
The silicosis class action suit, if it goes ahead and is successful, will cost mining companies billions in compensation for sufferers of silicosis and TB. The class action suit will be the first in the mining industry and could consist of about 50 000 claimants.
If the mining companies win the case in the Supreme Court of Appeal to limit damage claims, the families of men who have died since 2012 cannot claim for injuries and damages on behalf of the deceased.
Georgina Jephson, a lawyer at Richard Spoor Attorneys who is close to the case, said: “We can continue with the class ac tion. It doesn’t affect the class action, but it will if we get to the stage of damages.”
She said, however, that the case was “quite far from that”.
Jephson said that if the mining companies won the case in the appeal court, the lawyers representing the mineworkers would have to take the judgment to the Constitutional Court.
She said that if the mining companies lost in the appeal court, there would be more dam ages claims available for the dependants of men who had died since 2012.
The mining companies might then go to the Constitutional Court for further appeal.
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Mine bosses must cough up
Members of the Treatment Action Campaign, Section27 and Sonke Gender Justice arch through the streets of
Johannesburg to hold corporations accountable for mine workers contracting silicosis (Photo: Shayne Robinson)In “How to make gold mining silicosis-free” (City Press, March 20 2016), the CEOs of six South African mining companies pronounce their “aim” to achieve a “fair and sustainable solution as soon as possible” to address gold miners’ silicosis compensation and ill health.
This will entail “a legacy fund” to supplement the statutory compensation scheme under the Occupational Diseases in Mines and Works Act, and resources to assist the state in “repairing” the administration of the act’s scheme.
They attribute the epidemic of dust-related lung diseases among black mine workers to practices that were the “legacy of an industry that has been in existence for over 100 years”.
The “legacy” of gold mining industry practices over the past century is an unprecedented epidemic of the lung diseases silicosis and silico-tuberculosis among black South African mine workers. The 1994 Leon Commission found that dust levels on the mines had not improved for 50 years. The industry was in effect given carte blanche to disregard mine workers’ health, and focus on maximising production and profit.
The pronouncements of the CEOs should be viewed with scepticism and indignation, as the industry has been dragging its heels over the silicosis issue for many years.
In its 2003 Report to Society, AngloGold said it acknowledged its role and responsibility in working with the state and the industry as a whole to ensure that appropriate measures were put in place to limit exposure now and in the future, and to secure compensation for those who may have been exposed in the past.
In a 2006 report titled The Legacy of Silicosis, AngloGold said: “Specific issues that are being addressed are the identification of the primary areas where former mine workers reside, the strengthening of occupational health services so that former mine workers are better able to access medical examinations, and improvement of the [act’s] certification and compensation claims processes.”
At its 2012 annual general meeting, Anglo American’s chief medical officer, Dr Brian Brink, referring to silicosis, said: “All of this adds up to an unmanageable burden on the health systems in rural communities, which are so often very weak; too weak to serve the community. And, as a result, ex-mine workers have huge problems in getting benefit examinations, compensation and access to care, and this is an unacceptable state of affairs. We agree that we have to get on now and get something done. There’s been too much talk and too little action.”
To date, the only positive news has occurred in the cases that we have pursued, namely for the 23 President Steyn mine workers whose claims were settled by Anglo American in 2013 and the March 2016 settlement, valued at about R500 million, of 4 365 mine workers’ claims by Anglo American and AngloGold. Despite regular pleas for assistance over the past two decades, the industry has allowed former mine workers to continue languishing, impoverished, without compensation or medical assistance.
The situation is especially serious for workers with silicosis who live in rural, former migrant-labour areas where medical services are lacking. Their risk of contracting tuberculosis is greatly increased. The combination of silicosis and tuberculosis can often be fatal. The act’s system has been in a state of chaos, such that the majority of former mine workers have no means of accessing it in practice.
Furthermore, the silicosis victims largely comprise older men. Among our group of 4 365 individuals, the average age was over 60. Silicosis victims will continue to die at an alarming rate. If they have not been examined during their lifetime, their next of kin will find it difficult to prove they contracted silicosis. Whether intentional or not, the consequence of the continuing delay is to decrease the overall compensation bill. The delay over the past two decades must already have achieved a substantial saving.
In proposing a “sustainable solution”, the CEOs arrogantly imply that silicosis victims’ compensation should reflect the economy of the industry. They refer to the important role of the industry in providing employment to thousands of workers. In 2003, just before we launched the original silicosis litigation, a senior government official requested that we refrain from representing silicosis victims in compensation claims.
The mining industry had apparently warned that litigation would destabilise the economy of the industry. Now, again, the CEOs are making the same veiled plea and, in doing so, are attempting to pit the rights of silicosis victims against the jobs of current workers. The morality of deploying such arguments is questionable. Why should the silicosis victims agree to reduce their compensation entitlements to help the industry? Their legal case is strong and unlikely to be defeated, even by the armies of corporate lawyers the companies continue to employ to defend the indefensible.
The Q(h)ubeka Trust that has been established to process the 4 365 claims provides a model that could be replicated on a larger scale for the benefit of the wider group of silicosis victims. The industry needs to get in gear now and set this up.
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Stand up for what’s right
It’s a relief that murder suspect Patrick Wisani, who was the ANC Youth League’s (ANCYL) Joburg inner-city chairman when he allegedly beat his girlfriend to death, has resigned from the party A letter from Wisani to ANC leaders, which has been seen by the Sunday Independent, excuses him from all party activities.
We can only hope that it was those ANC leaders themselves who compelled Wisani to step back, as it’s been increasingly disturbing to see his lack of probity, despite the charges against him.
Not only did Wisani attempt to have his bail conditions relaxed so that he could take part in local government elections; he was reported to have returned to Yeoville, the scene of the murder, even after he was instructed not to do so out of concern that he could interfere with witnesses.
But there’s another aspect to this which reflects poorly on the party and, in particular, on its Women’s League. Although the ANCYL suspended Wisani as its inner city chairman, it was far too quiet about this, but the ANCWL was even more disappointing in its response.
We should expect nothing less of a body like this, with its illustrious history, than to come out boldly and publicly to distance itself from an ANC member suspected of such appalling crimes against a woman and society.
Although Wisani remains a suspect, and the onus was certainly not on the ANC, the ANCYL or the ANCWL to pass judgment on him, we believe his charges offered these organisations an opportunity to restate their commitment to gender equality and against abuse. After all, those principles are regularly cited whenever the party needs support in communities.
Rather, it’s been left up to courageous NGOs like Sonke Gender Justice and People Opposing Women Abuse to protest when Wisani appeared in court and raise their voices on behalf of all women.
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Protect our children
The UN Committee on the Rights of the Child defines corporal punishment as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light”.
This could involve hitting or slapping a child with the hand or an implement such as a belt or cane – or kicking, shaking or throwing a child, pinching or pulling their hair, or forcing them to stay in an uncomfortable or undignified position.
South Africa is a signatory to the committee’s convention on children’s rights, and that is why it’s surprising that there is still debate whether corporal punishment should be permitted or not.
Even though it was outlawed in 1996, being described as “contrary to the prescripts of the South African constitution and international human rights norms and standards”, it is still widely used.
We believe it is time that much stronger action be taken to bring to book those who disregard the law, which in the case of schoolchildren is clearly set out in the South African Schools Act and the National Education Policy Act.
This is why we fully support a South African Human Rights Commission (SAHRC) finding that a manual promoting corporal punishment, which was published by the Joshua Generation Church in 2013, is in violation of the Constitution.
And we are even happier that the SAHRC has also recommended to the cabinet that the Department of Social Development pass legislation prohibiting corporal punishment in the home.
Hitting back at the SAHRC, the church said the ruling would “damage children and destroy families”.
We beg to differ.
If anything, administering physical punishment is more likely to damage family relationships. Corporal punishment is wrong.
It is cruel.
What is more, we are surprised that a church would have the temerity to express such a view.
There is a small, but stubborn group of people in South Africa who insist that inflicting physical punishment on children is good if it is “administered with love”.
This makes absolutely no sense. Love and corporal punishment can never be spoken about in the same breath. Any adult who believes this is living in a “fool’s paradise”.
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Akukhuthazwe nabafana ukufhi baziphathe kahle
Ukunikwa kwezintombi nto ezingu-16 imifundaze yokuyoqhuba izifundo ezikhungweni zemfundo ephakeme nguMasipala wasoThukela, kususe umsindo, ngenxa yombandela wokuthi lezi zintombi zizohlolwa njalo ngamaholidi, bese kuthi eyotholakala ukuthi iqhuzukile, iphucwe wona.
Kuyacaca ukuthi iMeya yalo mkhandlu, uNksz Dudu Mazibuko, ibenezinliloso ezinhle ngalolu hlelo lwemifundaze okuthiwa lusungulwe ngonyaka owedlule.
Ugxekiwe ezinkundleni zokuxhumana kodwa usamile ekutheni ngeke abagqize qakala abamgxekayo bebe bengezi neminye imibono engcono.
Yize ukuba yintombi nto kungumbandela ohamba phambili kule mifundaze kodwa ozohlomula kumele aphase ngokugculisayo ukuze akwazi ukuthola isikhala enyuvesi.
Lezi ngezinye izindlela lo mkhandlu ozama ngazo ukuthi kuliwe nokutheleleka kwamantombazane ngegciwane lengculazi. Ucwaningo loMnyango wezeMpilo luveza ukuthi yiwona asengcupheni yokutheleleka kunabafana.
Luhle uhlelo lwalo mkhandlu, ngoba lushaya izinyoni ezimbili ngetshe elilodwa ngoba amatshitshi azokwazi ukuthola isinkwa esiyimfundo ebe ezigcinile eziphethe kahle.
Kodwa inkinga ebonakalayo ukuthi lolu hlelo luqhubeka kwezinye ezikhipha inyumbazana abafana njengoba kungavamile ukubonakala ukuqhakanj iswa kokuziphatha kahle ebafaneni.
Lokhu kushiya umbuzo wokuthi kungani kumele intombazane ifundiswe ngokuziphatha kodwa abantu okumele bazigcinele bona bengatshelwa lutho, bezenzela nje?
Mhlambe sekuyisikhathi sokuthi izinhlelo zokuziphatha zikhuthaze futhi zikhulise amantombazane nabafana ngokulinganayo ngoba ekugcineni basuke bezoba nobudlelwane.
UMnuz Mbuyiselo Botha, weSonke Gender Justice, uthe lezi zinhlelo eziqondiswe emantombazaneni kuphela zigqugquzela ukungalingani nokungabi khona kobulungiswa okuqondiswe ezinganeni zamantombazane.
“Kuphuca izingane zamantombazane ilungelo lokuzikhethela ngemizimba yazo nokuzethemba. Intombazane ikhuthazwa ukuthi ayizigcinele umuntu ezomfica engekho msulwa,” kuchaza uBotha.
IZINHLELO esiqhakambisa ukuziphatha kahle zijwayele ukuqondiswa emantombazaneni njengokugqugquzela ukuthi zihlolwe ubuntombi (Isithombe: SIGCINIWE) Ukugqugquzela intombazane ukuthi izigcine kodwa kungashiwo lutho kubafana, kusho ukuthi abafana bavumelekile ukuthi bazenzele noma yini, bangalawulwa ngoba vele akhona amantombazane abeziphethe kahle ezigcinele bona.
UBotha uthe umbuzo okhona owokuthi, kungani kungalinganiswa izinhlelo kube ezabo bobubili ubulili.
“Lokhu kuqhubeka entweni ebikhona kudala yokuthi umuntu wesilisa ungaphezulu kowesifazane. Umfana kusho ukuthi kumele aziphilele ngendlela ayifisayo, vele uzoyithola intombi nto ebizigcinile.”
Uthe kumele kushintshwe indlela okucatshangwa ngayo kulesi sikhathi ukuze kuhambisane.
“Inkinga ekhona eyokuthi singabazali asifuni ukukhuluma nezingane zethu ngezocansi. Kunzima nje kumzali ukuthi ahlale phansi nengane ayitshele ukuthi urna isingene esikhathini kusuke kwenzekani futhi urna ilala nomfana kwenzekani, kanjani. Umzali ubona kungcono ahambise ingane yentombazane lapho izotshelwa khona ukuthi ayizigcine ngaphandle kokuyichazela kabanzi ngokusuke kwenzeka emzimbeni wayo ukuze iqonde futhi izikhethele,” kuchaza uBotha.
Ziningi izinhlelo ezikhona ezithinta ukuziphatha kwamantombazane kuphela. Ngisho kugujwa izinyanga eziqondene nobulili, u-Agasti okuyinyanga yabesifazane, kunezinhlelo eziningi eziqondiswe ngqo emantombazaneni nakwabesifazane.
Ngisho iminyango kahulumeni, inenqwaba yemicimbi esuke iyenza ekhuluma nabesifazane, okwenza ungakhohlwa ukuthi u-Agasti inyanga yabesifazane.
U Julayi ofika kuqala kuno-Agasti baningi abangazi ukuthi uyinyanga yamadoda ngoba akugqanyiswa kakhulu lokho, azikho nezinhlelo eziqondiswe kwabesilisa.
Njengoba zikhona izinhlelo zokugqugquzela ukuthi amantombazane aziphathe kahle.
ukuze kugwemeke ukuthi bangenwe yizifo ezithathelanayo, nokunciphisa amathuba okuthi bangenwe yigciwane lesandulela ngculazi, kodwa akukho okutheni okwenziwayo ukuthi nabo bazigcine njengamantombazane.
Intombazane ayithi izigcinile ibe nethemba lokuthi ngokuzigcina kwayo kukhona umfana ezomthola ozobe naye ezigcinile noma ozobe ekuqonda ukuthi kusho ukuthini ukuzigcina kwayo ngoba efundisekile.
Abafana abafundiswe ukuze baqonde ukuthi ukuzigcina kwentombazane akwenzelwa bona ukuthi bone lezi zingane zabantu bese kuthi urna sebehleli nabangani babo, bachome ngokuthi sebeye ocansini nezintombi nto ezingaki.
Sekuyisikhathi manje sokuthi uhulumeni nezinhlaka ezizimele ezigqugquzela ukuziphatha, zibanake abafana ukuze kungathi urna kuqhamuka izinhlelo ezizama ukukhuthaza ukuziphatha kube nemvunge nokukhononda ngenxa yokuthi ibheke uhlangothi olulodwa, ingabe kushaywa ihlombe.
Kuhle okuqalwe uMasipala waseMzumbe kokusiza abafana.
Eminye imikhankaso:
- Umkhosi woMhlanga, ugqugquzela amantombazane ukuthi agcine ubuntombi. Lo mkhosi uyingxenye yesiko lakwaZulu. Lihle leli siko kodwa kumele kube khona umkhosi wabafana ozogqugquzeia ukuthi nabo baziphathe kahle. Abafana babe ngamaqoqwana ezindaweni zabo njengoba kukhona amantombazane aziwayo ezindaweni ukuthi ayahlolwa bese kuthi kanye ngonyaka bayohlangana emkhosini owodwa.
- Miss Indoni Cultural Competition kusuke kukhethwa uzime wentombazane kwezinye ezimele izizwe ezehlukene. Kulo mncintiswano kufunwa intombazane eziphethe kahle engenangane. Abafana baba khona ukuphelezela. Kungakuhle ukuthi kukhethwe naye umfana oziphethe kahle ukuze lokhu kudlulise umyalezo wokuthi wonke umuntu udinga ukuziphatha kahle, akusiyo into eqondene namantombazane kuphela.
- ICell C Take a Girl Child to Work Day, lolu hlelo lusungulwe ngo-2014 kanti lubandakanya osomabhizinisi bezifazane abangu-37 abanikela ngesikhathi sabo balekelele amantombazane afunda uGrade 10 kuya ku-12 aphasa ngamalengiso, ukuwahlomisa ngolwazi oluwasiza ukuthi akwazi ukuzicabangela, azazi angobani, azi nakufunayo. Izinhlelo ezifuze lezi nabafana bayazidinga, kube khona amadoda nje azonikela ngesikhathi sawo abafundise ngokuziphatha nangemisebenzi abangayenza.
- UMasipala waseMzumbe usuqale uhlelo olusha lokufundisa abafana ngendlela efanele yokuziphatha. Nyakenye ngo-Okthoba bekunomkhosi obizwa ngoMkhosi waBafena obuKwaNdelu Traditional Council eMzumbe. UMnuz Trevor Khanyile, okhulumela uMasipala waseMzumbe, uthe kulo mkhosi kufundiswa abafana ngezigaba zokukhula nokuziphatha. “Phakathi kwezinto abebefundiswa zona ukuhlatshwa kwenkomo, ukuhlinzwa kwayo nokunye okuthinta uziphatha kahle. Sizoqhubeka siwenze minyaka yonke ngoba sifuna abafana bakhule behlonipha futhi baziphathe kahle.” Lo mkhosi ubuhanjelwe wuMntwana uMbonisi Zulu nezinyane leSilo uMntwana uPhumuzuzulu.
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Family turns other cheek to push for smacking ban
Six years ago, Adriaan and Hannah Mostert were just another middle-class couple raising two children and using a smack here and there to do it.
Today, they are at the forefront of a national push to legally ban parents from hitting their kids, and have sparked a Human Rights Commission report that last week found laws permitting spanking of children to be unconstitutional.
What happened to change their minds?
The last time Adriaan hit his son, two things happened. The first was that it did not improve the five-year-old’s behaviour. The second was that from then on, the boy would flinch whenever his dad made a sudden movement. It made them realise the way they were raising their children was wrong, and they decided they would never again inflict a smack on them.
“I said: ‘I can’t do this again because this is horrible,’” said Adriaan. “The last time I hit him was systematic, like: ‘Aiden, you did something very incorrect and this is why I need to hit you now. So you need to go to your room and I’m going to look for something to hit you with and I’m going to hit you five times and then you’re going to apologise.’ That is how it worked and that is horrible.”
Hannah said that at the time they didn’t know their son had attention deficit hyperactivity disorder and slight autism.
“It [smacking] could certainly exacerbate … that kind of neurological disorder,” she said.
She had grown up when corporal punishment was normal for high school boys. “I was hit as a child. I think it impacted on me. I would say it was abusive.”
Adriaan grew up in an Afrikaans home where smacking was normal, and attended high school in Oudtshoorn where boys were regularly spanked.
“There is a big colonial history about who imported corporal punishment into South Africa. The English did. In African cultures it was a foreign concept,” he said. “And then, corporal punishment was very much embedded in apartheid.”
Hannah and Adriaan Mostert and their children (Picture: JULIAN GOLDSWAIN) Several years after their change of heart, the couple — who are “nonreligious” — began hearing about a nearby church with “odd views”.
Adriaan opened the Joshua Generation Church’s website and discovered a manual showing parents how to “train” their children by using a rod, and gave tips on how to hit a child so that it would not leave a mark.
Adriaan was shocked.
“I thought: ‘Bleddie hell, this isn’t right!’ And I showed it to Hannah and she called Childline, to ask if it was acceptable or normal and can we do this?”
Childline asked them to log a complaint with the HRC, which was trying to amend the Children’s Act.
They did, and were joined by the Sonke Gender Justice NGO.
Last week, the HRC said the church had 30 days to change its stance on corporal punishment in the home. It said the church’s manual “used four of its 39 pages to describe the length and thickness of the rod which parents should use in training up children as young as one year old”.
The report added: “The Department of Social Development has so far not acted on their commitment to prohibit corporal punishment in the home. Parents and caregivers still have the right to claim ‘reasonable chastisement’ as a defence against having assaulted their child.”
HRC spokesman Isaac Mangena said the commission’s recommendation had added fuel to a move by the cabinet to amend the Children’s Act to outlaw spanking.
Joshua Generation Church minister Andrew Selley refused to speak to the Sunday Times this week.
The church’s advocate, Nadene Badenhorst, denied the church promoted spanking. However, it could not ask parents not to hit their children because this “would violate the religious freedom of those members of the church whose moral or religious conviction is that they should lovingly spank their children”.
Mangena said the HRC would wait for the church’s appeal before deciding on the next course of action. The Mosterts said they were prepared to take the matter “all the way to the Constitutional Court”.
A Sunday Times Twitter poll this week revealed people do not want a law banning parents from smacking their children. Of the 578 people who voted, 79% said there should not be a law against corporal punishment in the home, and 13% said there should be. The remaining 8% were indifferent.
Smart approach spares the rod
Very few children respond positively to smacking, says child and family care specialist Stephanie Dawson-Cosser.
“Children will usually respond from a point of fear and become compliant,” she said.
“Eventually, when those children become more independent, they will typically rebel. Some children will be traumatised by smacking.”
Dawson-Cosser said all that spanking showed a child was “adults are stronger than children, that it is acceptable for big people to use their strength on smaller people”.
“A tap on a toddler’s nappied bottom is not abusive, but is it really effective? It might release the parent’s tension, but does it stop the child’s behaviour? Invariably not,” she said.
“For toddlers and young children, it is usually possible to distract children. And if there are tears, that is just them expressing their sense of loss and disappointment about having to stop the activity they were enjoying.
“If you reflect that emotion back to them, for example: ‘I can see you are really upset about coming inside now, but it is bath time and you have to come inside,’ and start involving the child in running the bath, choosing toys to go in the bath, et cetera, nine out of 10 times the tantrum will be diverted.”
Dawson-Cosser gave five tips for positive parenting:
- Explain why it is important for the child to be responsible, tidy up, be considerate to other family members or put their clothes in the laundry basket;
- Parents must model what they want the children to do consistently — if you leave a mess and expect your domestic worker to clear up, do not expect your children to do anything different;
- With small children, do the task together. Turn the task into a game and share in the fun of the essential tasks;
- Only expect your child to do what is age-appropriate; and
- Praise them for completing such tasks.
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Movements demand safety for all
The Treatment Action Campaign (TAC), Sonke Gender Justice and the Social Justice Coalition (SJC) have called on government to devise a national plan to address violent crime.
A recent march, organised by the TAC, was supported by advocacy groups, Sonke Gender Justice, the SJC, and Public Transport Voice (PTV), among others.
The organisations and their supporters marched from Town Two to the Khayelitsha Magistrate’s Court and later to the Khayelitsha police station to confront the justice system on challenges facing residents of the city’s townships.
The organisations claimed that statistics show the police and courts are in a state of disarray, unable to deal with criminals.
Waving placards with bold messages such as “Gender-based violence costs the country”, and “Rape is wrong”, the protesters chanted freedom songs while waiting outside the court for the court manager to collect their memorandum. They shouted repeatedly, “phantsi ngerape, and crime”.
Another placard demanded from Minister of Women in the Presidency, Susan Shabangu, a “national strategy plan on gender-based violence”.
TAC spokesperson, Neliswa Nkwali, said the organisation had planned to hand over a memorandum of demands to the Khayelitsha court manager and Khayelitsha Police station commander.
Before reading out the memo to the protesters, she said, the intention was not to fight but to get the required treatment.
She said the TAC would continue to demand first class treatment. “We want the courts and the Khayelitsha police station to do their work properly. We want to end victimisation by police. But we feel the court can intervene to improve access to antiretrovirals. We also demand long sentences for rape and murder offenders,” she said.
Sonke Gender Justice’s Leo Mbombi said his organisation supported the march because they felt a lot has to be done by the government.
“We are here to re-affirm that we do want to work with the courts. We are here to re-affirm that we have challenges in our communities. We also call for the court and police to do something about crime. We have noticed that there is no plan to end violence on women and children.”
He also called in Khayelitsha Magistrate’s Court to share with them their success rates with cases relating to gender-based crimes.
Accepting the memorandum, acting court manager Mzwabantu Mhlontlo assured the marchers that the court staff are there to serve all people. He, however, said he appreciated the marchers for reminding the court that there was still much work to be done.
He said some of the demands were not new to the court and said they are dealing with them.
“The Department of Justice knows exactly what to do. We are always at hand to help victims. This is a community centre,” he said. He promised to pass the memorandum on to the relevant authorities.
The memorandum concluded with this: “We want to work in partnership with the SAPS and other elements of the law enforcement and criminal justice system to achieve these objectives. The government is obligated by our Constitution to ensure that every person is free from all forms of violence.
“We pledge, as citizens and civil society, to do everything in our communities to address this issue and to assist the government where it fulfils its constitutional duties to ensure the freedom and security of every person.”
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No violence is possible
I had the privilege and honour of knowing the late Nelson Mandela as one of his aids after his release from prison and I remember him as an icon whose stature transcends even death – a great man whose humility, dignity and positive attitude continue to inspire me, and the world.
It is only fitting that we commemorate his loving memory in this period, which saw the commemoration of the 16 Days of Activism for No Violence Against Women and Children campaign and this the month of reconciliation, with the Day of Reconciliation celebrated today, Wednesday December 16. This is a national imperative to uphold freedom and human rights in promoting equality and justice in solidarity of his ideals.
Far too many of us stand on the sidelines, comfortable in complacency or cynicism when our voices must be heard.
Rampant gender-based violence in South Africa is an example of the betrayal of the fundamental values of our constitution and that cherished legacy of Madiba.
Also, it is a cruel irony in that South Africa is one of a few countries in the world that made gender equality a constitutional right, yet we stand accused of having one of the worst track records of violence against women and children.
True to his legacy, Madiba showed us the power of unity in action and that we are all bound together in ways that can be invisible to the eye – that there is oneness to humanity, that we gain when sharing ourselves with others and caring.
The unacceptable high levels of violence and abuse against women and children are indicative of something fundamentally wrong with society and it is my conviction that if we all work together, we will not be in this situation.
It is the legacy of Madiba that reminds us that “it always seems impossible until it is done”.
We can choose to live in a country defined not by our differences, but by our common hopes.
We can choose to live in a country defined not by conflict, but by peace, justice and equality.
Our racist past and sexist and antidemocratic practices make it difficult for men and women, black and white, to conduct themselves appropriately without some help to bring about a change in mindset. As such, forging constructive relationships with real men who know that abuse is a sign of weakness on the part of the abuser is the key to a bigger momentum to stop the shame of violence and abuse sweeping our communities.
Therefore, I am encouraged by campaigns by NGOs such as Sonke Gender Justice and initiatives such as the Million Men March that open up the way for collaboration between men and women to help stop violence and abuse.
I also concur with the view that it is an indictment on our global society that the 16 Days of Activism campaign has to be run in the first place.
This confirms that we are still challenged with some serious questions that must be addressed as a matter of urgency.
How do we promote equality and justice to uphold freedom and human rights so that we do not have a complete break-down of the system, before we have a break-through?
It requires civic education at home, at school, in the workplace, in communities…
The longer we wait, the more likely we are to normalise what is abnormal, hence, we need communities to stand and work together to shift mind-sets from accepting the abnormal as a new normal where zero tolerance for abuse is the norm of the day.
We can close the gaps between the constitution, the Bill of Rights and its values and the day-to-day reality of abused women and children.
This much we owe our children and generations to come – to act together and reaffirm the right to dignity, freedom and equality.
In the final analysis, Madiba understood the ties that bind the human spirit and regardless of our situation and circumstances, we must ask how well we have applied his lessons in our lives.
Let us be torch-bearers of Madiba’s legacy in our fight against woman and child abuse and inequality which undermines the fundamental principles of our constitution.
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Men the next focus of HIV/AIDS prevention
Men’s self-image as strong, sexually active risk-takers means they are more likely to die from HIV/AIDS than women, experts said yesterday, calling for more HIV workplace testing to reach men and greater efforts to change gender norms.
Although six out of 10 Africans with HIV are women, men are 25% more likely to die from the disease, according to research by the Africa Centre for Health and Population Studies in South Africa, which has the world’s biggest Aids epidemic.
Dean Peacock, founding director of South African advocacy group Sonke Gender Justice, told the Thomson Reuters Foundation the majority of people who don’t access services are men – which is bad for everyone.
Greater efforts also need to be made to reach men who have sex with men (MSM), who are 19 times more likely to be HIV positive than the general population but find it hard to access services due to stigma and discrimination, the paper said.
Homosexuality is illegal in most African countries.
A recent study found only one in 10 HIV positive MSM in some South African provinces was on anti-retroviral therapy.
“We have to change the laws,” said South African judge Edwin Cameron, who is living with HIV and gay.
“You impede access to treatment and effective response to the epidemic through these antiquated persecutions.”
Men will soon make up almost 70% of Aids-related deaths in some high-prevalence countries, the paper said.
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Igniting the flame to succeed
Igniting the flame to succeed in youngsters from less affluent communities is what multi-skilled life coach Shamillah Wilson is after.
Founded in 2012 with the aim of helping youngsters reach their greatest potential, Project Ignition, which Ms Wilson founded, has since changed its focus to empower these youngsters in more than just combatting HIV/Aids.
Inyathelo Philanthropy award-winner and Project Ignition founder, Shamlllah Wilson. The Woodstock-based organisation has since integrated the lessons to reach a further 50 youngsters the following year.
“Each year, we have expanded our reach and refined our strategy to ensure that we support young people with the critical social and emotional competencies needed for them to live impactful and happier lives.
“Our six-month leadership programme is targeted at young people between the ages of 16 and 22 who are in high schools.
“During this period, participants develop the ability to take leadership in their own life through a combination of knowledge, skills development and experiential processes that will enable them to enrich their knowledge, be inspired, network and also seek out new opportunities for growth. The programme consists of five modules which include: inner leadership, outer leadership, entrepreneurship, money magic and social responsibility,” Ms Wilson explained.
With more than 12 years experience in leadership development, management and human development Ms Wilson has worked in the educational sector at the University of Cape Town (UCT), government, and for corporates nationally and internationally.
Ms Wilson, originally from Hanover Park, said where you come from should never determine where you are going, nor what you become.
“My parents worked in the clothing industry and my mother always said to me, ‘my child, you don’t want to be doing the work I am doing’. And I was not one of those popular kids in the community, so I sort of did the extraordinary things to be recognised.
“I was always buried in a book, so much that it became a household joke.
“Growing up in Hanover Park was fun for me. It taught me so many things that I believe had I been raised in a different community I would not have known. I now live in Athlone and still go back to Hanover Park from time to time, despite what the people say about the community,” she said.
Ms Wilson holds a BA degree from UCT and an MBA from the University of Liverpool.
And not only is she the founding member of the Youth Against Aids Network, she is also the founding chairperson of Sonke Gender Justice Network and has been an advisor to the Global Fund for Women and the African Women’s Development Fund for almost 10 years.
Adding to her impressive CV Ms Wilson’s name has been added to the 2015 list of Inyathelo Philanthropic Women.
Established in 2007, the Inyathelo Philanthropy Awards were established by the South African Institute for Advancement to acknowledge, celebrate and profile those who have committed their personal resources towards broader social development in South Africa. Philanthropists are nominated by their peers and members of the communities in which they work or by the non-profit organisations that they support.
The awardees are chosen according to specific criteria by a panel of highly respected independent judges and are made in various categories such as art, youth, health, education among others in an effort to acknowledge the full spectrum and diversity of philanthropic giving in South Africa.
‘The award is something that had never even crossed my mind. I saw the email and at the time it didn’t really mean much to me. But my colleagues were very excited about it. While stuck in traffic that afternoon it finally dawned to me and immediately I became very emotional. I do what I do for the love of the community and not for recognition. As much as I appreciate the award, it kind of adds pressure to the work we do,” said Ms Wilson.
To join the Project Ignition programme, send a motivation stating why you would like to be part of the 20 young people who go through the programme to sham@projectignition.co.za.
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Revenge of the raped
Failed by the police and the courts, and desperate for justice, rape victims are turning to social media to “out” their attackers.
A foreign rape activist, allegedly raped in Cape Town at the weekend, is the latest to name her assailant on Facebook.
The woman, who cannot be named, used social media to describe the alleged assault and reveal her alleged attacker’s identity before going to the police.
Her complaint is under investigation.
On Twitter last week, a University of Cape Town student named a man she alleged had raped her. She has since changed the charge to sexual assault.
Gender rights activists say “outing assailants” is about victims reclaiming their voice and dignity, but lawyers and prosecutors, and social media experts, warn that it is “reputation murder” and has dire consequences for those innocent of the crime.
The latest alleged rape victim, recalling her attack, said: “Just because someone says ‘No’ doesn’t mean they need more convincing. It’s crazy that this happened.”
She said the support she had received on social media afterwards had convinced her that she should report the assault to the police.
Mbuyiselo Botha, spokesman for the Sonke Gender Justice organisation, said: “Outing is increasing in frequency. Social media are spaces that victims can control, use to express their pain, speak out about who put them through the pain, break the stigma of rape and regain their dignity and voice.”
But Botha cautioned against outing assailants on social media before their guilt had been proved in court. “The law is supreme. You cannot infringe on people’s rights,” he said.
Lisa Vetten, of the Wits Institute for Social and Economic Research, said victims of sexual assault who posted on social media were angry and did not mind being identified as a rape survivor.
“They often have a strong sense of injustice, turning to social media as they feel let down by the justice system.
“But such a move is never good, especially if you have not reported the attack to the police before taking to social media. It carries a huge risk of being sued.”
Vetten said the justice system needed to be improved to ensure that the voices of sexual assault victims were heard and they were encouraged to report their attacks to police.
“Victims should not be in a situation in which they are driven to use social media to seek justice. We need to ensure that we listen to crime victims, take them seriously and make sure that they are not forgotten.”
Defence lawyer Jan van Rooyen said that in the constitution and criminal justice system a person was presumed innocent until proven guilty in an “acknowledged court of law”.
“Social media are not courts of law. Naming an alleged perpetrator on social media will affect the assumption of innocence. Imagine what will happen if the person is found not guilty, or the state declines to prosecute because of a lack of evidence.”
Alleged perpetrators were denied the right to a fair trial if they were outed on social media, Van Rooyen said.
“Such postings can murder a reputation.
“Imagine if the alleged rapist has children. Imagine that this person’s wife commits suicide — and it turns out that he is innocent. This is a very real scenario.”
Social-media expert Arthur Goldstuck cautioned against “crowd-sourced justice”.
But he said outing alleged rapists was a response of last resort after a victim found that going to the police for help failed. “As legally problematic as this is, it does get results for victims who feel the criminal justice system has failed them.”
Emma Sadleir, a specialist in social-media law, warned: “I would be very cautious of this digital vigilantism.”
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Focus on sexual wellness as Men’s Day is observed
Only 33 percent of people taking HIV tests are male, the City said yesterday as International Men’s Day was marked with an appeal to men to take care of their reproductive health and to increase their support for their spouses and families.
Expanding on the theme for the day, Reproductive Health for Men as Individuals, Fathers, Brothers, Husbands and Partners, Jabu Baloyi, spokesperson for the Commission for Gender Equality said men were often subjected to impossible and contradictory expectations.
He said studies had also shown that men tend to neglect matters relating to reproductive health, are likely to refuse and ignore advice on health matters or be reluctant to visit health-care facilities such as clinics and hospitals until it was very late to seek medical assistance.
“Men are often under pressure not to succumb to ill-health or to show signs of physical incapacity, lest these are seen as signs of weakness, often regarded as undesirable in men,” Baloyi said.
“Society needs not only healthy women, but also healthy men to defeat gender inequality.”
The City said a challenge was convincing more men to get tested for HIV, especially older men.
“The statistics echo sentiments that men do not feel comfortable or welcome at clinics, surrounded by women and young children. These are very real issues and we cannot ignore them,” said mayco member for Health Siyabulela Mamkeli.
The city has five male clinics – in Gugulethu, Bellville, Kuyasa Transport Interchange, and Site B and Site C in Khayelitsha where men are informed about safe sex and are offered HIV testing and counselling, and Sexually Transmitted Infection diagnosis and treatment.
Sonke Gender Justice Senior Programmes Specialist Bafana Khumalo said the MenCare campaign, which began in 2011, aimed to help men understand they needed to be with their partners during and after pregnancy
“The campaign encourages men to play a prominent role in the lives of their children from the news of the pregnancy We are seeing positive results,” he said.
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How safe are our taxis?
Prepare for some bad stats: in July, 18-year-old Sanet de Lange was leaving Tiger Tiger nightclub in Claremont, Cape Town, when she was ‘dragged out of a taxi, kicked and assaulted’, according to her brother, Marius Strydom, who posted a shot of her battered face on Facebook. Three days later, reflexologist Kerri Lehmann, 35, and her partner, Lauren-Lee Poultney, were threatened by metered taxi drivers while putting their bags into an Uber car parked outside the Sandton Gautrain station. ‘They hit the car and pushed and chased us,’ she told COSMO.
A month before these incidents, a 27-year-old Durban saleswoman taking a minibus taxi to visit her flaneé in Hammarsdale was raped. ‘I was the last passenger and the driver pulled over. He said he had to check the lights,’ Mpumi* says. ‘Then he opened the passenger door and pushed me across the seat…’
We put our trust in services that are supposed to offer us a safe form of transport. But, it turns out, as women we’re just as vulnerable in these situations as ever. It makes you think: should you be asking your dad for a lift even though you’re no longer in your teens? Or should you be turning your back on cabs unless you’re sharing a ride with a guy you know and trust? We’ve all heard the stories – are we facing a crisis in cab safety?
CALCULATING RISKS
Police would not disclose figures because of a moratorium on crime statistics but lieutenant colonel André Traut, spokesman for the SAPS in the Western Cape, says that ‘Assaults and related crimes perpetrated in taxis are not regarded as common.’ Kathleen Dey, director of Rape Crisis Cape Town Trust says otherwise. ‘We’ve dealt with many cases, and it’s very common in minibus taxis,’ she says. ‘Women in taxis can be extremely vulnerable at times.’
The typical modus operandi, says Rape Crisis counselling coordinator Shiralee McDonald, is ‘to drive you off to a remote place and rape you’. You are most at risk at night, travelling alone or as the only female passenger. But travelling with other women does not guarantee protection either: in 2013, Eyewitness News reported that two women travelling to Bellville were forced at gunpoint to the floor of a taxi, where three men sexually assaulted one of them. You could also become collateral damage in wars between minibus-taxi associations.
It’s not just minibus taxis that are getting a bad rep. Attacks on Uber drivers and their passengers locally and abroad are prevalent too. They stem from rivalry with metered taxi drivers, who accuse Uber drivers of luring clients with lower fares and not competing on equal ground, as they don’t have taxi-operating licences from the Department of Transport.
In July, Ismail Vadi, the MEC for roads and transport in Gauteng, where incidents of intimidation have been reported at Gautrain stations and airports, announced that Uber partner drivers must apply for metered taxi licences. It remains uncertain whether the rivalry and attacks will end, and Uber users are advised to meet drivers inside stations or in places where there is security.
SEARCHING FOR ANSWERS
Robberies, intimidation and taxi-war killings may grow from the economic disparity and social breakdown that fuels most crime, but reasons behind deliberate sexual assault on women using taxis are rooted in gender issues, says Mbuyiselo Botha, government and media liaison specialist at Sonke Gender Justice. ‘Women are psychologically and physically assaulted daily when they enter taxi spaces,’ he says. ‘Men whistle and touch their bottoms as they get in and out of taxis, and when they sit in front, drivers deliberately touch their thighs when changing gears. Their body integrity is violated, their dignity constantly disrespected. The message is clear: the taxi is a man’s world, where you live by a man’s rules.
‘Because these men are unchallenged by authorities and most women are afraid to report incidents (drivers tell them they know where they live!), they have a sense of impunity,’ he says. ‘It can happen at any time – but if you travel alone at night or intoxicated, you are seen as actively inviting trouble … and they will give it to you.’ Ironically, that is also when you are most likely to turn to a taxi – to ‘get home safely’.
COUNTING COSTS
Attacks on women who use taxis ‘undermine equality and the democratic process’, says Botha. ‘Since 1994, many young women say they will wear what they want and go where they want because it is their constitutional right, but this is challenged daily in taxis.’
On a personal level, the trauma can have huge physical, psychological and behavioural costs, says Dey, including ‘injury, pregnancy, HIV or other STIs, shock, depression, nightmares, thoughts of suicide, isolation from other people, and feelings of anger, extreme anxiety and shame’. These can all impair the survivor’s ability to maintain healthy relationships and function at work.
‘Going out and using taxis is a necessity, not a choice, for many women, and having to use them after being raped in one is a serious hurdle to overcome,’ says Dey. ‘A key symptom of post-traumatic stress is the overwhelming emotional reaction to anything that triggers a memory of the rape, and can include fear, panic, anger or sadness.’
McDonald tells of a client who was raped by a taxi driver while on the way to a job interview. ‘She was no longer able to travel on public transport and for many months wasn’t able to pursue her dream job. She felt that it had altered the course of her life forever. Some survivors lock themselves away from the world, feeling a deep sense of powerlessness and that others have control over their life.’
Mpumi has experienced similar fallout in her life. ‘I’ve been having panic attacks and I still have issues with physical contact,’ she says. In August she had a breakdown at work. ‘My manager sent me for counselling and I spoke about the rape for the first time. It’s helping.’
SEEKING SOLUTIONS
Through counselling, survivors of taxi attacks can master their symptoms and fears, come to terms with what happened and move on, says Dey. ‘But far more needs to be done to make taxis safe for women and prevent this!’
Samantha Allenberg, the Uber communications associate for Africa, says they are ‘streets ahead’ of their rivals when it comes to safety in terms of their system and drivers. ‘Uber riders can see their driver’s photo, name, vehicle and registration, and their star rating (awarded anonymously by riders) when booking,’ she says. ‘They also have access to a live GPS-enabled map throughout their journey and can share this with family, partners or friends.’
Allenberg also says Uber performs rigorous background checks. ‘Partner drivers must have a professional driving permit (PrDP), meaning they’ve undergone police clearance, and also undergo a comprehensive biometric automated fingerprint identification system criminal background check’.
Motjhane Mabote, general secretary of the Gauteng Metered Taxi Council, says metered taxis are also focusing on safety. ‘Our drivers must have a metered taxi operating licence and a driver’s licence with a PrDP,’ he says. ‘We are looking to partner with all municipalities to have some sort of identification that will help our passengers identify a legal taxi. We are also working on developing our own app that will work similarly to Uber, but legally so.’
The police say they’re also doing what they can. ‘Frequent operations are conducted by the SAPS in areas with an active nightlife to cater for the needs of patrons of entertainment establishments, and these directions are also directed at the transport industry,’ says Traut. ‘We would like to caution those using public transport to be careful and choose their mode of transport wisely. If you’re going to use a taxi, call on one that is licenced and reputable. Avoid travelling alone, especially late at night; rather move in groups if circumstances permit.’
This attitude places the problem back at the door of women, says Dey, and it’s not a solution. ‘I’m reluctant to tell women to make themselves safer; it’s a form of victim blaming,’ she says.
‘I would rather call on the taxi associations and taxi companies to train and educate their drivers, to vet them better for past criminal records that include sexual crimes before they hire them, and to take all complaints extremely seriously, making it clear a criminal offence has been alleged or committed and will not be tolerated. If oversight bodies take it seriously, it will send a strong message to all their drivers, which can be very effective. Even the Department of Transport should be called on to take the issue seriously; after all, they’re responsible for regulation of all transportation, and their tag line is “Transport is the heartbeat of South Africa’s economic growth and social development!”‘
At the time of going to press, COSMO had not received a response to repeated requests for comment from the Department of Transport.
MEASURING STEPS
Meanwhile, other organisations and governments are attempting to address taxi safety, says Czerina Patel, founding director of Yenza, an empowerment organisation. Last year, UN Women announced a partnership with the City of Cape Town to increase safety of women in public places, especially on public transport – but progress is slow, she says.
‘The minibus taxi system especially is used by millions of South Africans,’ she says. ‘Government needs to put better systems of violence prevention and prosecution in place to improve safety, including increased policing, and outreach and education with both drivers and passengers. As executive director of UN Women, Phumzile Mlambo-Ngcuka, said at the launch of the Cape Town Safe City programme, “No city can be considered safe, smart or sustainable unless half of its population – women and girls – can enjoy public spaces without the fear of violence.”‘
*Name has been changed
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Churches divided on God’s gender
Gender equality and feminism should not interfere with the belief that God is masculine “as the Bible clearly refers to God as the Father”.
This was the response of some church leaders after the first female bishop to sit in the House of Lords said the Church of England should stop using male pronouns when referring to God.
On Monday, the Bishop of Gloucester, the Rt Rev Rachel Treweek, the church’s most senior clergywoman, said refraining from praying to God as a male would counter the “erroneous belief” that the Almighty had a gender.
“We are told that God created human beings in God’s likeness. If I am made in the image of God, then God is not to be seen as male. God is God.”
Instead of using “He” or “She” to describe God, Treweek said she preferred simply to use the word “God”.
Cardinal Wilfrid Napier of the Catholic Church said the issue deserved no attention because the Bible made it clear how people had to address God.
“Unless she is trying to improve on Jesus, who said, ‘When you pray, say ‘Our Father…’ I do not think I have to say more than that.
“Jesus was saying that the kind of relationship that a person has with God is like that between a person and their father,” he said.
Archbishop Vusi Dube, of the eThekwini Community Church, and a KwaZulu-Natal MPL, said God’s gender had never been a problem because the first man believed to have been on Earth was a man, Adam, and a woman, Eve, came second.
“If we understand God as a person of the spirit, we will never be worried about Him being a ‘He’ or a ‘She’. In many of our churches that has never been an issue. God is a spiritual being.”
Bible
Family Centre Pastor Shane Pillay said the Bible made it clear that God was far greater than male or female.
“Biblically, God is a masculine person. There is no reason to doubt it.
“The Bible says Father, Son, and Holy Spirit, that is a clear indication that God is a He. It did not say Mother, Daughter, and Holy Spirit,” he said.
The Methodist Church of Southern Africa’s presiding bishop and the president of the SA Council of Churches, Zipho Siwa, agreed with Treweek on God’s gender.
He said human beings used limited language to describe the divine and God revealed “Godself” all the time in the differing context within which people found themselves.
“God is above gender. We as humans need to tidy up our language and make it more inclusive.
“It is good to remove any language that can be deemed to promote the dominance of one gender over another,” he said.
Theologian Dr Herbet Moyo, a lecturer at the University of KwaZulu-Natal’s school of religion, philosophy, and classics, said the issue of God’s gender was one of ongoing debate and had a basis in theology.
He said in original Bible texts, which were Greek and Hebrew, the terms used where English had used “he” and “she” were genderless.
“We now assume that when God was considered to be a ‘He’, it was a patriarchal influence of communities that produced the Bible.
“The priests and educated people at that time were males, and then they gave a male gender to God,” he said.
“If we continue using ‘He’ to refer to God, we must remember that ‘he’ is oppressive in society.
“God is God. God is neither a male nor a female.”
Sonke Gender Justice’s Mbuyiselo Botha said the narrative that God was a “He” created a hierarchy of superiority and inferiority.
“Unfortunately the inferiority is always directed towards women,” he said.
Botha said churches had to create a set of new values that would make people, especially the coming generations, look at God as a “He/She”, so there would be equality and respect regardless of gender in society.