16 Days of Activism of no Violence against Women and Children: “Time to reflect, rethink and restrategise to stimulate action to end and prevent Violence against Women”.

 

It is yet again the 16 Days of Activism of no violence against Women and Children. The ideal time to reflect on progress, achievements and challenges still faced in the effort to prevent and end violence against women. The period presents an opportunity to critically consider the position of women and girls in society, their state of security, safety and freedom in a democratic South Africa. The intention of reflecting being to stimulate action to end violence against women and girls globally.

The year 2016 began collecting scary statistics of violence against women. New Year’s Day Zestah September was allegedly brutally killed and maimed by her boyfriend. He allegedly spend New Year’s Day with her family and also helped the family search for her.  Amber Amour was allegedly raped by a friend while sharing a shower with him and she is blamed for sharing a shower with a friend and blamed for her choice of platform for sharing her pain. The appeal to the murder case of Reeva Steenkamp did not hail a good precedence on matters of violence against women. The Katlehong matter of Mpho a People Opposing Women Abuse (POWA) client, whose matter dragged in court for 10 years did to bring a deterring judgement to intimate partner violence perpetrators. The young women in South African  universities continued  being vulnerability as the fees must fall struggle continue, they are kidnapped, rape and murdered within the premises of the school that are assumed to be safe. The girl child in our primary and high schools   are also part of the sexual violence statistics and this is often perpetrated step fathers and male relatives in their families, making it difficult for them to report it or even be believed when they do.

WHAT IS THE KEY PROBLEM? Nothing seems to have changed for the good for women and survivors of violence.  Cases of brutal killing of women and attempted murder subsequent to intimate partner violence are continually alarming and this raises concerns as to where the problem is. In the context of South Africa that has a conducive legal framework, can we only attribute this to improper implementation of the laws on violence against women and girls? Can it be the attitudes of the law enforcement agencies when dealing with violence against women and girls? Can this be owed to our history of conflict during the apartheid era?  Are all the responsible sectors doing enough? Do we need to rethink our strategies once again?  Are we to blame our communities (that we are part of) for normalizing violence against women? Or the problem lies with women or men? WHAT IS THE KEY PROBLEM?

It is interesting to note that, the key question arises from the subject of domestic violence, an area that has fairly been researched to find the causes, traits, and preventative measures to address the problem. Some of the recommended preventative measures from the studies were implemented, monitored and evaluated with an intention of bringing about change. However the statistics of domestic violence keep on rising and sadly lead to death. Women continue losing the sense of security that they use to have when they are engaged in intimate relationships, rather an intimate relationship seems to be a death risk. Is love the problem? WHAT IS THE KEY PROBLEM?

One of the key challenges in preventing and ending violence against women and girls worldwide is the substantial funding shortfall. In 2016, the campaign strongly needs to emphasise the need for sustainable financing for efforts towards the fulfilment of the 2030 Agenda for Sustainable Development. Frameworks such as the Sustainable Development Goals, which includes a specific target on ending violence against women and girls offer promise, however such initiatives need adequate funding in order to change the situation of women and girls.

The UN Secretary General’s call for the 16 Days of Activism against Gender Based Violence in 2016 is “Orange the World: Raise Money to End Violence against Women and Girls”. This presents an opportunity to focus on sustainable financing for initiatives to address violence against women.

While we reflect upon the question, it is important for women in intimate relationships to break the cycle of abuse. We need to be on the lookout for any RED FLAGS (signs) of abuse that our partners may have.  For a gun or any dangerous weapon to be used against you one day, it will have certainly begun at a stage where the abuse seemed moderate and tolerable, however we need to act on it and not ignore it. The law is also there for us to utilize to our advantage, but we need to make a decision to break the cycle of abuse and speak out to bring about change.

 

By Palesa Mpapa

Legal & Advocacy Manager

People Opposing Women Abuse

The solidarity for African Women’s Rights (SOAWR) Coalition is a regional network comprising of 47 national, regional and international civil society organisations based in 24 countries, working towards the promotion and protection of women’s human rights in Africa. Since 2004, SOAWR’s main focus has been to advocate for African states to urgently sign, ratify, domesticate and implement the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa ( Maputo Protocol).

The current meeting is in Nairobi, Kenya, Hilton Hotel beginning from the 21- 22 November 2016. The aim of the meeting is to enhance the realisation of the vision of the coalition. South Africa is represented by POWA and CSVR. Palesa, the Legal and Advocacy Manager is representing People Opposing Women Abuse

Friday 25 November 2016 at 19h30

During the 16 Days of Activism campaign, Jenny Nijenhuis and Nondumiso Msimanga’s public art collaboration with SoMa Art + Space in Maboneng will be unveiled. The 3600 used pairs of underwear strung over 1.2 kilometers of washing line will act as a backdrop for a performance piece by Msimanga, who will be wearing a wedding dress made of panties.

This project aims to bring awareness to South Africa’s rape crisis.

Along with the installation, various artivism events will take place in the streets of the Maboneng Precinct from November 25 through December 4.

Soma will also be hosting a linked exhibition: The Things We Do For Love

Please bring along a pair of new panties. These will be donated as part of rape kits.

300 Commissioner Street, Maverick Corner, Maboneng, JHB
www.sasdirtylaundry.co.za

Oscar Pretorius murder Case back to Court once again applying for leave to challenge Judge Masipha’s decision:  

Today on the 26 August 2016, the National Public Prosecution will be applying for Leave to Appeal to the Supreme Court of Appeal against the sentence that Judge Masipa passed against Oscar which was lower than the minimum sentence of 15 years for murder.

POWA is encouraged by the NPA of pursuing the case this far as the sentence that has been granted undermines the criminal justice system. To us this mean that we are not alone in the struggle, while other citizens still feel that justice is been served for Reeva’s case, it is encouraging to see such endeavours from other law enforcement agencies who are willing to take the case to its limit in order to ensure that “violence against women is not trivialised” for protection of women and girls in South Africa. We are very encouraged looking forward to the ends of justice been stretched for the rights of women, says the Legal Manager POWA.

Hopping that the appeal is granted in order for Oscar’s sentence to be considered by the Supreme Court of Appeal, as POWA continually calls for strong action against perpetrators of Violence against Women & Children.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

 

The matter proceeded in the Johannesburg High Court on the 29^th August 2016 as scheduled. The court hearing the matter was sitting as both the equality and constitutional court.  All parties interested in the matter were represented, however Mr Qwelane was not present and it is on this basis that his Advocate applied for postponement of the matter. The application for postponement was on the ground of Mr Qwelane’s ill health preventing him to appear in court. His Doctors statement explained that he has a condition of hypertension, severe chronic respiratory problem, to which he is on oxygen support for 24 hours in a day, he also has pneumonia and cannot walk for more than 200 meters.

Council for both sides including the amicus curiae in the matter were allowed to present their answers to the application to postpone the matter. The SAHRC and the Psychology Society of South Africa opposed the application. Their grounds for opposing the application were that, there is nothing in the Doctor’s note that shows a likelihood of Mr Qwelane’s condition improving in order for him to be in a position to appear in court, further that as his health is deteriorating it could be better to use other available options to urgently get necessary evidence from him without him physically coming to court, this was because if the case is postponed the court might never have an opportunity to get such evidence as Mr Qwelane has been ill since 2015 and since then been in and out of hospital. Lastly the Doctors statement does not have any information suggesting that he is not fit to give evidence or that his ill health has affected his cognitive capabilities.

The finding of the court was to postpone the matter up until the time to be determined by the court and there was no order on costs. The reasons Judge’s decision were that the application to postpone was well grounded and in the interest of “ubuntu” he does not feel that the application was a delaying technique, irrespective of the fact that the Applicants in the matter stressed that equality proceedings of this nature public interest has to be taken into consideration and the interests of the victims of Mr Qwelane’s homophobic statements.   The matter ended with the applicants showing an intention to apply for leave to appeal against the decision of Judge.

As POWA supporting the Applicant’s case, we feel discouraged, because the court is not leaving us with any options that will make sure that the matter proceeds for justice to be served in this matter. The matter has already delayed since 2009, and with Mr Qwelane’s ill health conditions there is no likely probability of improvement for him to appear in court, says Palesa Mpapa- POWA Legal Manager.

After nine (9) years of suffering and fighting for justice, Phindile Radebe finally got closure when the killer of her son was sentenced to eleven (11) years.

The mother of the deceased was not happy with eleven (11) years of imprisonment but accepted the judgment. POWA is also not satisfied with the sentence as it goes against the minimum sentence of Fifteen (15) years for an offence committed by the perpetrator.

With the support that POWA afforded   Mrs. Radebe we were praying for a harsher sentence. Nonetheless, POWA is still calling for strong action and denial of bail when dealing with perpetrators of Violence against Women & Children.

POWA hope that women going through similar hardship who need our support and assistance could come forward.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

Seven years ago POWA (People Opposing Women Abuse) filled a complained with the South African Human Rights Commission (SAHRC) against Jon Qwelane for hate speech.  The complaint was endorsed by FEW (Forum for the Empowerment of Women), OUT Well Being and Gay and Lesbian Archives (GALA). Qwelane published an article called ‘Call me names but gay is not okay’. The article was published in the Sunday Sun in 2008. On Monday 29 August until 9 September 2016 the matter for SAHRC v Qwelane will be proceeding in the Johannesburg High Court. The matter is going to be heard as the Constitutional and Equality matter. POWA is going to be on the witness stand based on the complaint it lodged. POWA found the article to be offensive to black lesbian women who are harassed, assaulted, raped and killed daily in our townships. Qwelane’s utterances were irresponsible and callous to all the black lesbian who have been killed, raped and maimed.

People like Qwelane who are in positions of power should not use their positions of power and influence to promote hate and unlawfulness when presented with platforms where they can unite, educate South African citizens about the Constitution, and the importance of tolerance and respect for human rights and the rule of law. In this article Qwelane bluntly agrees with Mugabe’s utterances that ‘homosexuality is sub- animal behaviour” and compared it to that of pigs and dogs. To illustrate his position he added a cartoon in his article which shows a man marrying a goat.  This kind of public stance against the LGBTI community dehumanises and ‘others’ them in a country with a violent history and continues to use violence to resolve conflict, and we cannot condone such hate speech from Qwelane. Black lesbians have been lost due to being called ‘setabane’ ‘inkonkoni’ names that ‘others’ them. Our foreign brothers and sisters have been killed for being called ‘makwerekwere’.

Not only is Qwelane a homophobe, he is a misogynist, who wants to keep his privileged position of a patriarch who sees women only as objects created on earth to serve and please men. Therefore any women who dares and defies his privileged position are unwomanly.

Homophobia must stop!  Othering other human beings must stop! Women abuse must stop!

For more information contact:

Nhlanhla Mokwena, Executive Director POWA at 011 642 4345/6 0R 082 785 2116

Palesa Mpapa, Legal and Advocacy Manager at 011 642 4345/6 0R 062 215 68 26

Qwelane the HOMOPHOBE

Oscar Pretorius murder Case back to Court once again applying for leave to challenge Judge Masipha’s decision:

Today on the 26 August 2016, the National Public Prosecution will be applying for Leave to Appeal to the Supreme Court of Appeal against the sentence that Judge Masipa passed against Oscar which was lower than the minimum sentence of 15 years for murder.

POWA is encouraged by the NPA of pursuing the case this far as the sentence that has been granted undermines the criminal justice system. To us this mean that we are not alone in the struggle, while other citizens still feel that justice is been served for Reeva’s case, it is encouraging to see such endeavours from other law enforcement agencies who are willing to take the case to its limit in order to ensure that “violence against women is not trivialised” for protection of women and girls in South Africa. We are very encouraged looking forward to the ends of justice been stretched for the rights of women, says the Legal Manager POWA.

Hopping that the appeal is granted in order for Oscar’s sentence to be considered by the Supreme Court of Appeal, as POWA continually calls for strong action against perpetrators of Violence against Women & Children.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.