Traditional Practices and Human Rights: An Insight on a Traditional Practice in Inchanga Village of Kwazulu-Natal, South Africa

After falling into absolute dereliction in the Zulu community, the traditional practice of virginity inspection made a retaliation some 10 years ago, after the country’s first democratic elections. This study investigates the perceptions and experiences of virginity inspection of female adolescents in Inchanga village, KwaZulu-Natal, South Africa. A focus group interview was conducted with 10 Zulu maidens for qualitative data collection. Proponents of virginity inspection believe that virginity inspection is a traditional practice that can assist in reducing HIV infection and teenage pregnancy among the youth, and in the detection of children who are sexually abused by adults. Opponents of virginity testing, such as several human rights groups in South Africa, as well as the South African Human Rights Commission of virginity inspection, strongly believe that the practice of virginity inspection interferes with human rights and constitutional prescripts that protect the rights to equality, privacy, bodily integrity, and sexual autonomy of young women. The study found that the participants have only positive experiences of the practice of virginity inspection, and the only negative experiences they encounter are negative responses from community members who do not support the practice. The findings also confirmed that virginity inspection is being done irrespective of different opinions from different scholars and experts on the subject, and most of the time, the age of the children is not considered.

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VIRGINITY TESTING PRACTICES: THE BEST OF BOTH WORLDS

Southern African Journal for Folklore Studies ◽

10.25159/1016-8427/1263 ◽

2016 ◽

Vol 26 (1) ◽

Author(s):

Sheila Mokoboto-Zwane

Keyword(s):

South Africa ◽

Cultural Beliefs ◽

Cultural Practice ◽

Bodily Integrity ◽

Sexually Transmitted ◽

Young Females ◽

Unwanted Pregnancies ◽

The Right ◽

Democratic Elections ◽

Virginity Testing

Controversy continues to surround the age-old practice of virginity testing, which in South Africa made a visible comeback around the time of the country’s first democratic elections when most South Africans began to feel free to practise their cultural beliefs without fear. It coincided with the period when the HIV pandemic began to take hold. It is practised mainly in some countries of Asia and Africa, and in South Africa it is practised mainly amongst amaZulu. It is believed that this practice prevents unwanted pregnancies and sexually transmitted diseases (STDs), especially HIV/AIDS, as well as engendering a sense of pride in teenage and young females, in particular. However, some individuals, organisations and sectors of the community frown upon the practice because it violates constitutional laws that protect the right to equality, privacy, bodily integrity and sexual autonomy. The purpose of this article is to present current discourse on the cultural practice of virginity testing and the controversies surrounding this discourse. This article draws its arguments from the existing literature on virginity testing.

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Involuntary Circumcision of Males in Illegal Initiation Schools in South Africa: A Violation of African Customary Human Rights?

Southern African Public Law ◽

10.25159/2522-6800/2950 ◽

2018 ◽

Vol 33 (1) ◽

Author(s):

Porsche Makama

Keyword(s):

South Africa ◽

Human Rights ◽

Cultural Beliefs ◽

Young Men ◽

Cultural Tradition ◽

Constitutional Rights ◽

Topical Issue ◽

Community Members ◽

Human Right ◽

Traditional Practice

The incidence of deaths associated with the practice of forced and botched circumcisions at initiation schools has become a topical issue in South Africa. In recent times, the number of deaths and injuries among initiates has risen at an alarming rate, most of them occurring at illegal initiation schools. The continuous rise in the number of injuries among initiates at these schools has elicited mixed reactions among community members, some referring to it as genocide in the case of fatalities and calling for its abandonment, while others argue that this traditional practice should be allowed to continue. The majority of young men who go to initiation schools do not make the decision on their own, nor do they have a choice in the matter. Instead they are compelled by parents or guardians, influenced by friends, and also coerced by others in the community who insist that they have to ‘go to the mountain’, as initiation schools are generally referred to in South Africa. It has been argued by those against circumcision that this practice infringes constitutional rights and contravenes the Children’s Act 38 of 2005. There have been numerous instances where young and even mature males have been taken from the streets, or even from the comfort of their homes, and forced into circumcision camps with or without their consent. This begs the question whether the continued practice of a cultural tradition that violates the fundamental human right and freedom to choose religious and cultural beliefs is justifiable.

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The South African Sexual Offences Act and Local Meanings of Coercion and Consent in KwaZulu Natal: Universal Human Rights?

African Studies Review ◽

10.1353/arw.2012.0028 ◽

2012 ◽

Vol 55 (2) ◽

pp. 59-75 ◽

Cited By ~ 2

Author(s):

Judith L. Singleton

Keyword(s):

South Africa ◽

Human Rights ◽

South African ◽

Sexual Coercion ◽

Daily Basis ◽

Sexual Offences ◽

Beliefs And Practices ◽

Kwazulu Natal ◽

Universal Human Rights ◽

New Democracy

Abstract:In 2007 South Africa's Parliament passed the Sexual Offences Act, which had been debated since 1999. The law includes a statutory provision with new legal definitions of rape and consent. Influenced by Western human rights ideology and vocabulary, the Sexual Offences Act represents one form of discourse in South Africa about sexual coercion and consent. By using ethnographic methods, this article examines the wide disparity between some of the state discourses about coercion and consent and local beliefs and practices about the meanings of these terms in the Zulu township of Mpophomeni. Proponents of South Africa's new democracy often ignore poor young women's and men's local understandings of rape and of the violence they encounter on a daily basis. Against this background, the article offers recommendations to improve the current law and its effectiveness.

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Editorial

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2015/v18i1a13 ◽

2015 ◽

Vol 18 (1) ◽

pp. 0-0

Author(s):

Christa Rautenbach

Keyword(s):

South Africa ◽

Human Rights ◽

Native Americans ◽

South African ◽

Basic Education ◽

Mentally Ill Offenders ◽

Specific Reference ◽

Constitutional Court ◽

Persons With Disabilities ◽

Kwazulu Natal

The first edition of 2015 boasts 13 contributions dealing with a variety of topics. The first article, by Ben Coetzee Bester and Anne Louw, discusses the persistence of the "choice argument", which is based on the rationale that domestic partners who choose not to marry cannot claim spousal benefits, and arrives at the conclusion that legislation should differentiate between registered and unregistered domestic partnerships for the purpose of spousal benefits. Ernst Marais has written two articles on expropriation. In the first he examines the meaning and role of state acquisition in South African law and in the second he deals with the distinction between deprivation and expropriation in the light of Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 (CC), where the Constitutional Court recently revisited the distinction between the two concepts and held that the distinguishing feature of expropriation is that it entails state acquisition of property, whilst deprivation takes place where there is no such acquisition. The fourth article, by Emeka Amechi, explores the measures taken by the National Recordal System and Disclosure of Origins in leveraging traditional knowledge within the structure, content and conceptual framework of the patent system in South Africa. The South African Companies Act and the realization of corporate human rights responsibilities is the focus of Manson Gwanyanya's article. He comes to the conclusion that the wording of the Act is such that it prevent human rights abuses by companies. In her contribution Melanie Murcott discusses the development of the doctrine of legitimate expectations in South African law and the failure of the Constitutional Court to develop the doctrine even further in the recent case of Kwazulu-Natal Joint Liaison Committee v MEC for Education, Kwazulu Natal. The second last article, which is by Lucyline Murungi, considers the implementation of the UN Convention on the Rights of Persons with Disabilities (2006) to provide for inclusive basic education in South Africa, and the last article, which is by Matome Ratiba, examines the significance of places of worship for Native Americans and demonstrates the valuable lessons South Africa could learn from the earth jurisprudence that has developed in the USA and elsewhere. The first note, authored by Magdaleen Swanepoel, discusses legal issues with regard to mentally ill offenders with specific reference to the cases where mental illness is raised as a defence in criminal cases. The second note, by Michelle Fuchs, deals with recent legal developments relating to the formalities involved when a mortgagee wants to declare immovable property executable to satisfy outstanding debt. The last contribution in this edition is a case note by Elmarie Fourie. She considers the question of what constitutes a benefit in terms of section 186(2) of the Labour Relations Act 66 of 1995, which was examined in Apollo Tyres South Africa (Pty)Ltd v CCMA 2013 5 BLLR 434 (LAC).

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Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

Southern African Public Law ◽

10.25159/2522-6800/5093 ◽

2020 ◽

Vol 35 (1) ◽

Author(s):

Andre Mangu

Keyword(s):

South Africa ◽

Human Rights ◽

South African ◽

Bill Of Rights ◽

The South ◽

Legislation And Jurisprudence ◽

Foreign Nationals ◽

Lay Persons ◽

Democratic State ◽

Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

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Transforming the Rural Agricultural Landscape Through Groundwater Optimisation: Exploring A Chinese-South African Partnership

Commonwealth Youth and Development ◽

10.25159/1727-7140/3307 ◽

2018 ◽

Vol 15 (1) ◽

Author(s):

Nirmala Dorasamy ◽

Olayemi Bakre

Keyword(s):

South Africa ◽

South African ◽

Agricultural Landscape ◽

Agricultural Practices ◽

Subsistence Farming ◽

Water Shortages ◽

Subsistence Farmers ◽

Farming Communities ◽

Standards Of Living ◽

Kwazulu Natal

The majority of the South African rural populace is directly or indirectly engaged in agricultural practices to earn a livelihood. However, impediments such as climate change, water shortages, and inadequacy of institutional support have undermined these once thriving subsistence farming communities. Furthermore, poor leadership in hydrology, coupled with a lack of depth in skills at all government levels to facilitate the understanding of the importance of groundwater, has made it near impossible for subsistence farmers to benefit optimally from groundwater. The 2012 drought experienced in South Africa paralysed several subsistence farming communities in KwaZulu-Natal. To revamp subsistence farming and assist these farmers across South Africa, the Department of Water and Sanitation launched interventions, but despite the enormous resources expended, indicators (e.g. unsustainable farming practices, poor crop yield, pitiable living conditions, and poor standards of living) provide evidence that these interventions have not yielded the desired results. This paper seeks to suggest practicable interventions aimed at reducing the vulnerability of subsistence farmers in KwaZulu-Natal. The study pursued a qualitative approach in that it solicited the views of experts on groundwater and in related fields to gain an in-depth perspective. Some of the core challenges undermining the sustainability and growth of subsistence farming in the study area were found to be the inadequacy of experts on groundwater, water shortages, institutional deficiencies, lack of political will, and lack of coordination among stakeholders. Pragmatic recommendations are made to address these challenges, among other things to encourage a South African-Chinese partnership in the hydrology sector.

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Disappointed Remains: Trauma, Testimony, and Reconciliation in Post-apartheid South Africa

10.1093/oxfordhb/9780195339550.013.0010 ◽

2012 ◽

Author(s):

Sean Field

Keyword(s):

South Africa ◽

South African ◽

Real Life ◽

Truth And Reconciliation Commission ◽

Trauma Survivors ◽

National Unity ◽

Reconciliation Commission ◽

Truth And Reconciliation ◽

Apartheid Regime ◽

Democratic Elections

The apartheid regime in South Africa and the fight against the same, followed by the reconciliation is the crux of this article. The first democratic elections held on April 27, 1994, were surprisingly free of violence. Then, in one of its first pieces of legislation, the new democratic parliament passed the Promotion of National Unity and Reconciliation Act of 1995, which created the Truth and Reconciliation Commission. At the outset, the South African TRC promised to “uncover the truth” about past atrocities, and forge reconciliation across a divided country. As oral historians, we should consider the oral testimonies that were given at the Human Rights Victim hearings and reflect on the reconciliation process and what it means to ask trauma survivors to forgive and reconcile with perpetrators. This article cites several real life examples to explain the trauma and testimony of apartheid and post-apartheid Africa with a hint on the still prevailing disappointments and blurred memories.

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Investigating competencies needed by European-trained doctors in rural South African hospitals

African Journal of Primary Health Care & Family Medicine ◽

10.4102/phcfm.v12i1.2322 ◽

2020 ◽

Vol 12 (1) ◽

Author(s):

James R. Barnacle ◽

Oliver Johnson ◽

Ian Couper

Keyword(s):

South Africa ◽

South African ◽

Online Survey ◽

Rural District ◽

Eastern Cape ◽

Rural Medicine ◽

Rural South ◽

District Hospitals ◽

Kwazulu Natal ◽

Postgraduate Diploma

Background: Many European-trained doctors (ETDs) recruited to work in rural district hospitals in South Africa have insufficient generalist competencies for the range of practice required. Africa Health Placements recruits ETDs to work in rural hospitals in Africa. Many of these doctors feel inadequately prepared. The Stellenbosch University Ukwanda Centre for Rural Health is launching a Postgraduate Diploma in Rural Medicine to help prepare doctors for such work.Aim: To determine the competencies gap for ETDs working in rural district hospitals in South Africa to inform the curriculum of the PG Dip (Rural Medicine).Setting: Rural district hospitals in South Africa.Methods: Nine hospitals in the Eastern Cape, KwaZulu-Natal and Mpumalanga were purposefully selected by Africa Health Placements as receiving ETDs. An online survey was developed asking about the most important competencies and weaknesses for ETDs when working rurally. The clinical manager and any ETDs currently working in each hospital were invited to complete the survey.Results: Surveys were completed by 19 ETDs and five clinical managers. The top clinical competencies in relation to 10 specific domains were identified. The results also indicate broader competencies required, specific skills gaps, the strengths that ETDs bring to South Africa and how ETDs prepare themselves for working in this context.Conclusion: This study identifies the important competency gaps among ETDs and provides useful direction for the diploma and other future training initiatives. The diploma faculty must reflect on these findings and ensure the curriculum is aligned with these gaps.

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Philological Reversion in Post-Apartheid South Africa: The Sand Writing and Alternate Alphabets of Willem Boshoff

Philological Encounters ◽

10.1163/24519197-12340053 ◽

2018 ◽

Vol 3 (4) ◽

pp. 524-549

Author(s):

Kurt Campbell

Keyword(s):

South Africa ◽

South African ◽

Central Place ◽

Indigenous Languages ◽

Educational Policies ◽

Current Debate ◽

Critical Thought ◽

Education Act ◽

Contemporary Artist ◽

Democratic Elections

Abstract This article focuses on the conceptual implications of specific works of contemporary artist and wordsmith Adriaan Willem Boshoff. Boshoff uses his creations to challenge the terms of the current debate around indigenous languages in southern Africa through artworks such as Blind Alphabet and his Sand Writing Series. These works call viewers to an emphatic return to an understanding of scripts (and the worlds they produce) as embodied systems of tradition that occupy the central place not only in the groups they serve, but indeed in a larger vision of a culturally tolerant and affirmative nation. The article tracks key South African educational policies such as the Apartheid era Bantu Education Act of 1953, and the Corrective Language Act of 1998 after the first democratic elections to contextualize the politics of legislative development in South Africa as related to indigenous scripts and languages. Beyond this bureaucratic history, the article foregrounds partisan agency that individuals such as Wilhelm Bleek, Lucy Lloyd and Magrieta Jantjies displayed as custodians of endangered scripts and languages, culminating in a discussion of the provocative works Boshoff created to stimulate critical thought on contemporaneous philological concerns in South Africa.

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