scholarly journals Justice denied? Prosecutors and presiding officers' reliance on evidence of previous sexual history in South African rape trials

Author(s):  
Sheena Swemmer

This article presents data from a study conducted by the Medical Research Council of South Africa, focusing on rape attrition in South Africa at different stages in the processes (from reporting at a police station to potential conviction). The study found that of the 3 952 reported cases of rape analysed 65% were referred to prosecution, and trials commenced in 18,5% of cases. Of the total 3 952 cases reported, 8,6% resulted in a guilty verdict. Using qualitative data from a subset of trial transcripts, the article focuses specifically on the problematic views of both presiding officers and prosecutors based on rape myths and gender-stereotyping at trial, and suggests that these are a factor affecting the attrition rate between cases referred to trial and those that result in a not guilty verdict.

2017 ◽  
Vol 14 (2) ◽  
pp. 57-70 ◽  
Author(s):  
Lyn Snodgrass

This article explores the complexities of gender-based violence in post-apartheid South Africa and interrogates the socio-political issues at the intersection of class, ‘race’ and gender, which impact South African women. Gender equality is up against a powerful enemy in societies with strong patriarchal traditions such as South Africa, where women of all ‘races’ and cultures have been oppressed, exploited and kept in positions of subservience for generations. In South Africa, where sexism and racism intersect, black women as a group have suffered the major brunt of this discrimination and are at the receiving end of extreme violence. South Africa’s gender-based violence is fuelled historically by the ideologies of apartheid (racism) and patriarchy (sexism), which are symbiotically premised on systemic humiliation that devalues and debases whole groups of people and renders them inferior. It is further argued that the current neo-patriarchal backlash in South Africa foments and sustains the subjugation of women and casts them as both victims and perpetuators of pervasive patriarchal values.


Author(s):  
Finn Reygan

The South African Constitution was the first in the world to include sexual orientation protections, and the country was an early embracer of same-sex marriage. Nevertheless, the lives of sexual and gender minorities in South Africa, including young people in schools, are often characterized by violence and discrimination. The growing body of research on sexual and gender diversity in education in South Africa indicates that homophobia is widespread in schools and that teachers and school principals are ill-prepared to challenge this homophobia and to teach in an affirming way about sexual and gender diversity. This chapter discusses the development of a training module for South African teachers on how best to challenge homophobia and transphobia and to teach about sexual and gender diversity in schools. Given the focus in South African education policy on social justice and inclusion in the post-apartheid context, this ground-breaking intervention supports transformative education policy.


2016 ◽  
Vol 57 (2) ◽  
pp. 251-270 ◽  
Author(s):  
JULIA TISCHLER

AbstractDuring the first half of the twentieth century, deep structural changes occurred in the South African countryside. While farming became an important pillar of the national economy, more and more people left the land in search of better lives in towns and cities. This article examines agricultural education, an early avenue of state intervention in farming, to elucidate how officials and groups of farmers navigated the ‘agrarian question’ by trying to define the roles that men, women, blacks, and whites played in the sector's restructuring. I argue that agricultural planning was inextricable from ideologies and politics of segregation, a factor that historiography has not systematically taken into account. By comparing interventions in the Transkei and Ciskei with those in the Orange Free State, this article illuminates the interrelations between rural planning and segregation, as well as how they were complicated by delineations of class and gender.


2013 ◽  
Vol 6 (2) ◽  
pp. 347-358 ◽  
Author(s):  
Evelyn Chiloane-Tsoka

The South African women emancipation policy statement and gender equality are critical tools established by government to eradicate poverty among entrepreneurs operating in small business. Khula was established to act as a financial wholesaler to emerging entrepreneurs who needed finance to start and grow businesses. The Small Enterprise Development Agency was established to provide training needs to small business operators. Lack of finance is a major stumbling block to women entrepreneurs reaching their full economic potential in South Africa. Financial collaterals are barriers for women operating in SMMEs in Tshwane. The objective of the study was to investigate the financial barriers facing women entrepreneurs in Tshwane when starting or growing businesses. In order to achieve the results a structured questionnaire and interviews were used as method of collecting data. A sample of 300 women operating SMMEs in six townships of the Tshwane metropolitan area was analysed per a quota of 50 businesses per township. The results indicate that women entrepreneurs lack the financial collateral that is demanded by financial institutions when applying for finance to start or grow their business.


Author(s):  
Jake Moloi

Rape is one of the most underreported crimes worldwide, not least because of the trauma facing complainants once the case goes to trial. The case of S v Zuma was a clear illustration of this problem. The court’s decision to allow Zuma’s lawyers to cross-examine the complainant about her sexual history (governed by section 227 of the Criminal Procedure Act) has far-reaching implications. The court’s failure to deal properly with section 227 has set a worrying precedent that is now binding on the lower courts where the majority of rape cases are heard. Moreover, the judgment does not reflect a consideration of the impact on the complainant’s right to human dignity, privacy and equality. This means the court missed an opportunity to align section 227 with the constitutional dictates that now govern the administration of justice in South Africa.


Author(s):  
M.C. Moreroa ◽  
M.B. Rapanyane

The two practices of gender inequality and gender-based violence (GBV) are not peculiar to South Africans, as they also affect the African continent and the Global world in different shapes and forms. Whatever happens, when these two unacceptable behaviours and/ practices take form, women often end up being discriminated, sidelined and violated. Against this backdrop, this paper analyses the state of gender inequality and GBV in South Africa and finds common features which exist between the two. The central narrative of this paper is that the two notions are, at a very faster pace, becoming subjects of considerable debate and concern. This paper argues that the two notions have depressing effects on South African women. Afrocentricity is adopted in this paper in order to relevantly and positionally reflect on the central objective.


PLoS ONE ◽  
2020 ◽  
Vol 15 (12) ◽  
pp. e0244420
Author(s):  
Tenielle Schmidt ◽  
Allanise Cloete ◽  
Adlai Davids ◽  
Lehlogonolo Makola ◽  
Nokubonga Zondi ◽  
...  

Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) is a new strain of virus in the Coronavirus family that has not been previously identified. Since SARS-CoV-2 is a new virus, everyone is at risk of catching the Coronavirus disease 2019 (Covid-19). No one has immunity to the virus. Despite this, misconceptions about specific groups of people who are immune to Covid-19 emerged with the onset of the pandemic. This paper explores South African communities’ misconceptions about who is most vulnerable to Covid-19. A rapid qualitative assessment was conducted remotely in Gauteng, KwaZulu-Natal and the Western Cape provinces of South Africa. Recruitment of study participants took place through established relationships with civil society organizations and contacts made by researchers. In total, 60 key informant interviews and one focus group discussion was conducted. Atlas.ti.8 Windows was used to facilitate qualitative data analysis. The qualitative data was coded, and thematic analysis used to identify themes. The results show a high level of awareness and knowledge of the transmission and prevention of SARS-CoV-2. Qualitative data revealed that there is awareness of elderly people and those with immunocompromised conditions being more vulnerable to catching Covid-19. However, misconceptions of being protected against the virus or having low or no risk were also evident in the data. We found that false information circulated on social media not only instigated confusion, fear and panic, but also contributed to the construction of misconceptions, othering and stigmatizing responses to Covid-19. The study findings bring attention to the importance of developing communication materials adapted to specific communities to help reduce misconceptions, othering and stigmatization around Covid-19.


Author(s):  
David Bruce

This article is concerned with the process of en masse recruitment implemented within the South African Police Service since 2002. As a result of this process the personnel strength of the SAPS has increased dramatically from 120 549 in 2002 to 199 345 in 2012, an increase of over 65%. A large proportion of SAPS personnel are now people who have joined since 1994 and particularly since 2002. En masse recruitment has in part addressed the legacy of apartheid by promoting racial and gender representativeness in the SAPS. In so doing it has facilitated entry into the civil service by a significant number of black, and particularly African,South Africans, thus contributing to ‘class formation’. At the same time the process does not ensure political non-partisanship on the part of the SAPS. It also has not necessarily contributed to ‘better policing’ in South Africa. While it may have increased the potential that the SAPS will enjoy legitimacy, this cannot be achieved by recruitment alone.


2020 ◽  
Vol 10 (1) ◽  
pp. 214
Author(s):  
Oliver Tafadzwa Gore

Universities in South Africa seem to be struggling to create inclusive conditions for black students to succeed in their studies. The persistence of inequality in universities could be partly blamed on the use of the term ‘historically disadvantaged’, which is not defined in policy documents, and this has resulted in universities being unclear on what exactly to address in their transformation. Using the capability approach in this study, it is argued that policy should address the structural, institutional and environmental factors that contribute to student disadvantage, which prevent the development of opportunities and agency among students. Seven semi-structured interviews were conducted to collect qualitative data from key stakeholders who dealt with student affairs (university staff and student representative council [SRC] members) at one South African university with the aim of developing an understanding of student disadvantage from their perspective. The findings revealed that student disadvantage manifests through structural and institutional factors, namely a culture of racism, alienating university campuses, student poverty, university teaching, and gender inequality. The study recommends that universities consider addressing these factors in their transformation. 


2015 ◽  
Vol 36 (1) ◽  
Author(s):  
Ndikhokele Mtshiselwa

Angie Motshekga, the president of the Women�s League of the ruling African National Congress (ANC 2014), is reported to have said that �South Africa is not ready to have a female president ...� What is perturbing about her statement is the presupposition that South-African society perceives women as presently incapable of leading the country as president. Given the variety of literature on female empowerment in South Africa, Motshekga�s statement comes both as a disappointment and a disempowering assertion as it does not exhibit a clear attempt to address patriarchy. This article re-interprets the character of Athaliah in 2 Kings 11 and probes it for the empowering possibility that it offers the women of South Africa. It argues that Athaliah was a politically astute queen and that the scarcity of female rulers in ancient Israel confirms the patriarchal bias against women. Thus, drawing from the reconstructed character of Athaliah and from the leadership demonstrated by selected women politicians against a patriarchal paradigm that is part of African cultures, the article submits that the perception of women as capable of leading South Africa as president is justified.Intradisciplinary and/or interdisciplinary implications: The present article partly responds to Angie Motshekga�s statement that �South Africa is not ready to have a female president ...� Thus, drawing from the insight in the fields of the Old Testament, social sciences and gender studies, this article submits that the perception that women are capable of leading South Africa as president is warranted.


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