Monday, June 11, 2012

Taxi drivers and violence: It just goes together!


As part of planning the youth day campaign I had to meet with a group that will be performing on the day. This is an upcoming group that just recorded an album which is to be released soon. A meeting was scheduled with these three young black men who formed a group called Generation X, which I think in all honesty will blow the South African music industry away, hip-hopers better be scared. I also wanted to hear the kind of music they produce, just now they come on the day and be rapping “where the B**ches at” 
I had never seen these guys before so when I met them they were a decent group of three guys who seem very passionate about their music so we went off to their recording studio which is but a small room in someone’s backyard and also a bedroom for one of the guys. Now if you listen to their music you would think they were in an actual studio with all the advanced equipment musicians use today. The highlight for me was not really their recording studio or their music which is really great, but the actual highlight is an incidence that took place on our way to their studio. Now for the record, I just think the Western Cape has the worst taxi system I have ever come across.
So in Nyanga they have mostly ‘amaphela’ and Avanzas as taxis and not your minibus taxi. As we were driving, these guys in a car in front of us, we had taxis trying to drive over, under and between us, but that just how they drive, like they are the only people with places to get to. Unfortunately one of the ‘phelas’, a very old rusty Cressida knocked the car the group was driving in, belonging to one of them, a BMW, I’m not into cars so I wouldn’t know the model but it is one of those nice ones. To my surprise, the taxi driver did not run, he actually stopped and came to apologize. But you don’t bump a BMW (or any other car) and get away with an apology especially if you were reckless in your driving, someone has to pay. The guy driving the ‘phela’ decides he wants to call his boss, and to his luck all he did was knock the number plates off the BMW, so that is all he was asked to replace. The guys were actually nice, the deal was ‘give us R60 to replace the number plate and we will be off-no police or anything like that”. The guy refuses to pay and steps away to call his boss.
Now me I’m sitting in the car we were driving in because I just couldn’t get involved, so as I wait for the guys to sort this out I get on my phone. When I looked up 10 minutes later there are about 40 men surrounding the car, and about ten vehicles around. Some of the guys came out in groups of 5 from the vehicles and it got me scared because now I didn’t know what was going on. So the story is that the driver of the ‘phela’ stepped away to call his boss, but because he refused to pay the R60 for the new number plate, told his boss (who must’ve been at the taxi rank at the time) that he was being attacked because this boss came with what could be 39 other taxi drivers. These drivers were ready for action, and to their surprise these were just four young men, including a dear friend of mine I was driving with and all they were asking for was their R60.
The first thing this boss asked is why his driver was being attacked as that was the call he received! This scared me because today yes they found that their guy was not being attacked and the boss paid the R60 - no qualms. But given any other day let’s say that his driver was really being attacked but in self-defence, what would happen to the guy attacking the driver given the violent nature of our taxi drivers in this country and this sort of gang way of doing things. What is it with this ‘mob’ mentality among taxi drivers? I thought this was very interesting, well it shook me off a bit but it got me wondering whether being in this industry actually makes them violent or whether the violent people in our society tend to be drawn to this type of work.
Now what concerns me is that knowing they are in a way ‘protected’ by this ‘taxi gang’, taxi drivers are very likely as it the case to think they run the world and may even initiate some of these situations that end up in violent attacks. I just don’t like taxis in the Western Cape, and what is it with taxi drivers smoking in a taxi full of passengers? Once I complained to a taxi driver who was smoking in the taxi…I think you know what happened, I wanted to throw myself out of the moving taxi because he wouldn’t stop talking about how I think I’m better than him because I speak English, and how the white people came and taught us English and now we think we are all that. I think this may be an unfair generalization, but I think taxi drivers ‘abanayo ingqondo’ period!

Youth Despondence: A result of lack of opportunities and support or just pure laziness

Youth month is just a few days away and as we know, many organizations will be targeting our poorer communities with campaigns. Some of these just to celebrate youth day and commemorate those who died on this day 36 years ago, some with developmental objectives for our young people, all of these well intended. Some of these organizations will most likely disappear after this day and only to be seen again next year June 16, while some will invest in long term projects to empower our young people.


Like many of these organizations I find myself having to plan a youth day campaign as part of my deliverables in the organization that I work for. Now this is not an easy task. Several times I have gone as close as pulling my hair out, but every time I get close to it I realize that I actually need my hair, it has become an accessory. The focus of this campaign being on the youth, I thought it would make sense to involve them in every step in planning this event. Being unfamiliar with the area in which this event is to take place I thought the schools would be a good entry point into the communities, and I then started working with learners from various schools in the area. So each school formed a group that represents them in the planning committee. Now I must say working with vibrant young people can be very exciting and so are their ideas, some a bit impractical but yet very innovative. This must be the best group I could ever have worked with. They take initiative, are creative and somewhat really motivated. Now this came as a surprise to me after having had meetings with principals from these schools about the challenges they face with young people particularly in schools.


Typically, drug and alcohol abuse, teenage pregnancy, violence, racism, gangsterism and school drop-out were among the endless and very depressing lists of challenges given. After speaking “off the record” to some of the educators, the next step was to speak to the people towards whom all the attention is turned this month-youth. Yet again the same challenges came up and a few reasons as to why these challenges persist despite efforts to address them. A few suggestions on how these can be addressed also followed. Now some of the problems mentioned was a gap that exists between parents, teachers and the learners. The teachers feel that the parents seem not to care about what takes place in the schools and don’t bother to get involved. The learners feel that they learn at school, then have to go home to dysfunctional families, parents who don’t understand them, and environments that are not conducive for learning. I did not get to speak to the parents but I suspect that there are two arguments they can use in their own defence. Firstly, parents might be feeling that they don’t know how to discipline their children anymore and they have lost control and they may feel that their children do not respect them anymore. Secondly, parents may be too busy trying to make a living, not having the time to attend meetings with schools and teachers given the socio-economical context of these communities. Now this is a very important challenge identified by young people in the schools. One other problem emphasized is the fact that young people no longer know the meaning and significance of youth day. Seemingly the events of this day 36 years ago does not mean anything to them or they are oblivious to the efforts and sacrifices that were made just so that they can have a better education 36 years later and still choose to walk out of school because they would be better off being parents. So the learners suggested that debates around the significance and events of youth day 1976 would create awareness among learners through continuous engagement on all the other challenges at hand.


Listening to these young people I realized that they seem to know exactly where the problem is, and to some extent know how to address these challenges and where things may have gone wrong. This got me thinking about what exactly my purpose is in this community. The young people seem to have all the answers, they know the problems and they have the solutions to the problems, yet year in and year out they wait for organizations from outside to come and host once-off events that provide them with good entertainment for the day and good speeches which is great but very few of these organizations go back soon after the event to evaluate the impact of their work. Now for me it has become clear that young people seldom take these messages to heart as they hear the same thing over and over again, so I would think that they attend these events because they promise entertainment and some refreshments, which are appreciated by some of them because the rand is just really low in these communities.


So here is the story. We have young people in our communities who understand the challenges that hold our communities back, and also know how to deal with these challenges yet they choose to do nothing about it but sit and wait for the next 16th of June when strangers will once again roam their streets advertising youth day campaigns. These young people have great ideas about debates which will not only create awareness, but will also keep learners engaged, giving them little time to get up to no-good activities, yet they had to wait for me to go to their schools to express these ideas. We can’t even say they lack support from educators as they do not even share these ideas with their educators. Now it has become apparent to me that young people are de-motivated, some have given up, while some continue to dream but keep their dreams to themselves in the hope that they will materialize on their own. Needless to say that they are despondent, they just stopped dreaming and hoping for the better. Now we know that in a country like ours or any other, opportunities do not fall at anyone’s doorsteps, there is neither a Manna nor a Santa Clause handing out opportunities for success. Now this is a sad reality given the mental state that our youth seem to have adopted and this makes me wonder what our country will be like in a few years.


Now given that there are a lot of opportunities for young people today, there is also the reality that hard work tends to pay off. Generally people who work hard towards their dreams tend to succeed and this is evident in the sacrifices young people made in 1976 for a dream they truly believed in: a better education. Young people today seem to expect opportunities to come to them calling them by name instead of going out and creating opportunities. I mean they can actually get to dictate how these organizations that come to their communities once a year get to help them create and maintain continuous efforts in youth development. By engaging other young people in other communities that seem to be getting better they can learn how they can improve their own communities. I am convinced that young people have adopted the hand-out mentality. They want to be handed opportunities, jobs, education etc. I know we are in 2012 but my grandmother used to walk two hours to school everyday and that just shows the commitment and dedication and desire to be educated and make something of herself. Now we have 16 year olds walking into principals’ offices declaring themselves unfit for school because they are expecting. Do they not see anything beyond the 9 months of pregnancy? Do they not wish to be the doctors, accountants and architects that some of us wished to be when we grow up, never mind that I am neither of these today, but I found something that works better for me, a different dream that I can sustain. A friend said to me when I asked how he was doing “I am making lemonade”, life gave him lemon and that’s what he will make, and possibly the best lemonade there could be rather than complain about how he would’ve preferred oranges.


Now our young people need to learn that life does not always give you what you want. You have to work hard, dream hard and believe that your dream will come true for that will give you the motivation to work on it and prevent you from becoming a dull, angry at the world young person whose parents and educators want nothing to do with. I suspect that along with a perceived lack of opportunities among our young people is a great deal of laziness and a very destructive hand-out mentality which seem to be destroying our youth and will continue to do so unless young people decide to get up, speak out and act out. And perhaps they feel that they are not given a platform to do so as mentioned by one of the young people I worked with. Yet again, it would be so much easier for them to create their own platform that they can dictate. This exercise made me realize that young people seem to have lost their voices. This either because they are engaged in things that shouldn’t concern them, or they are just really not given the platform and this lead to the theme of my campaign being “Reclaim Your Voice”. And as a step to help young people do this I made them the centre of this campaign, the ideas are theirs, they will be planning the event, mobilise learners in their schools, market the event, perform at the event and share their experiences of being part and parcel of an event organized for them by them. So far the plans seem to be in place. Now my questions is why could these learners who seem so good at this not have done anything like this on their own, for their own schools and communities because they seem to have almost everything they need within them?

Thursday, May 31, 2012

Lesson in how culture develops from my son’s interest in my penis

What is permissible and what is forbidden in African tradition and culture has been in the news headlines a great deal in the last few weeks in South Africa.

Many a personal shame, prejudice and anxieties about bodies and raising children have been submitted as a defining part of African culture.

But beware of the modern African primitivists.

Even then, the space opened up by the row around Zuma’s exposed genitals has an upside. We can now talk again freely, I trust, and to a wider audience, about how we understand African traditions and culture.

My understanding is it some of the claims made by the traditionalists in the name of Africans and their bodies are just absurd. The unwitting or purposeful aim of these claims is to retribalise us in the fashion of colonial and Apartheid ideology.

My greatest and most recent lesson in the development of tradition and culture has not come from Cheikh Anta Diop, Cabral, Biko or the Africana encyclopedia.

I also didn’t get it on the internet, even though I find it a terribly absorbing thing the primitivists might find would immensely contribute to African cultures were they to appropriate it.

Actually, it’s my relationship with my son.  More specifically, from his interest in
his “doggie” and mine. That is a name I playfully used for a penis and he has not forgotten it, even though he has known from that first moment when he enquired that mama and girls have vaginas and dada and me have penises.

A few months after he was born and could touch himself I started to notice while changing his nappy that my son finds immense pleasure in touching his penis.

I know from studies of children that they do not merely need food and sleep and being taken care of. They actually find bodily pleasure in a host of things in their environment adults have long forgotten to find interesting at all. Using boxes as caves, eating dirt, jumping up and down, running around in circles, tasting their own snot, climbing trees for its own sake, are all part of the fun.

But it was still a surprise that sometime after he could walk and follow me around the house my son developed a wonderfully strange interest in my doggie.

He wants to know when he will be able to see the head of his penis. He follows me into the loo. He finds a good position to have a clear view while I urinate. What are you trying to see, I would ask him? His answer would come: I want to see. He was going for two.

This interest of a boy in his father’s penis is said to be disallowed by African tradition and culture, some have argued in the media and courts lately.

I am unable to confirm whether African tradition and culture discourages children learning about their bodies. I missed that lesson.

My son’s interest in my penis has waned, although we bath together as often we can. But last week his mother informed that he asked her again when he might get to see his penis’ head.  

The boy’s fascination with his penis and mine has immensely fascinated from the first moment. I think his fascination stems from observing a difference even though we both have a penis. Like all of the things he is interested in, and his growing competence and knowledge from one day to the next, I consider his learning about bodies as an opportunity for me to understand more about how as people we become the way we are.  

I watched him learn to jump onto the grass from the first step of the stoep and moved to leaping from the top step. I remember I couldn’t wait to tell his mother and he could wait to show her.

I just can’t get enough of how he sits us down and makes us tea from his little tea set he got from his uncle.
I observed him, and was flabbergasted, in his preference for Cinderella over other stories, although from that too I learn how preferences get nourished and reinforced. Lately, he has taken to listening to stories on his mother’s phone, and I know that it is whole new world altogether when I see his little finger swipe the screen to page over.

Let’s play kung-fu dada, he says, and I have gotten to know far more than I ever could from empirical research on child development that, contrary to simply being rough play, when a boy and his father play sword-fight or boxing or any of the sort, the child is in the process of learning to control aggression and to know when he is hurting another person.

I feel privileged to be in the ringside seats and to see each one of these small steps in his developing years. I take each one the moments I am around him as an unrepeatable moment for me to pass on something useful for him when I will not be around.

My mother says that when I was around three I saw my father’s penis. She also says he took a bath with me while we lived together. I have no memory of his bare body. That might because from some point there wasn’t any of him to see, let alone his nakedness while we bathed together. Consequently, there was forgettable tradition handed down from him to me about whether or not seeing his penis was unSotho, circumstances about fathers and their offspring common to that of over two million African children in South Africa today.  

However, I can’t say I have suffered very much for seeing my father's penis or taking a bath with him. I think things turned out well, and I have been told I am, on the whole, pleasant company.

I know that I could have used some generative fathering when I needed to learn about homework and hormones. I know that many boys and girls can use some positive nourishing traditions about being rejected, dealing with anger, and self-esteem.

I would have liked my father to have been present to tell me before I started having an interest in girls that it is cool not to rush things, to have feelings and not be unnerved by them. I would have saved myself and others a lot of unnecessary trouble of finding out for myself, and that was well into my adulthood.

The open attention of a father, it seems to me from raising the boy and observing his curiosity about the world around him, especially when it comes to things like penises, is undeniably important.

Of course this is not the same things as saying children raised by single mothers or a lesbian couple will suffer because they have no immediate access to seeing real penises.

The father, to be sure, does not have to be biological. He doesn’t have to be married to the child’s mother. He doesn’t have to be gay or a president.

However, if a man wants to learn about intimacy and how it becomes part of family traditions and wider culture, especially one who didn’t have much of it from other men while growing up, there is nothing to beat availability to his child: open, vulnerable, consistent presence.

The traditions of intimacy I have in mind imply that a man has to be willing to prepare the bottle. It might not be non-stop fun, but if he sticks with it, a man who wipes the bum, changes nappies, and potty-trains soon realises how vital this stuff is to learning about how you learn to be comfortable with your body.

He can grumble, in fact unless he is some kind of Gandhi he must complain, but waking up in the middle of the night to soothe and rock the child to sleep is all part of not just raising a healthy child, but also building traditions. Let’s not forget making time to take the child for his vaccination shots, it’s in there too.

Then there is the bit about reading to him, doing puzzles, taking him to the park, the football games, and going to the parties where you meet parents of his school-friends whom you would not choose to know if you had a choice.

Fatherhood, in a word, has its own traditions. Their defining paradoxical characteristic is their changeability and consistency. I have learned much from this about him, myself and culture. That lesson is that my son needs me to be consistently around; but his world as a growing boy is one of continual new things; and I better be prepared for that. 

Fatherhood is about learning to fail – repeatedly. It’s about learning about your own limits of knowledge and skills. Learning that you don’t know about traditions or culture except what you got from your parents, and they got from their parents, and it can amount to not very much. It’s about failing to satisfy many of the child’s needs. About saying I don’t know how this works, I don’t know why, over and over again.

There is no mystery to differences in fatherhood in different cultures, then: it is daily practice, daily accidents, daily failures, daily little wins.

It is my view that the modern African primitivists, most of them in positions of power in government, universities, and what are called traditional communities, push the view that tradition and culture prohibits children from learning from seeing their father’s or mother’s undressed bodies are doing an injustice to our lives.

Clothing themselves in the garbs of culture and tradition, but driven by repression, fear, miseducation, defeatism, racist wounding or God knows what, I think they suspect children will see that many of us are really small, existentially naked, and worse still, unworthy of just a tad bit more than donating sperm and eggs.

Speaking as if they represent all of African tradition and culture, these retrogressive traditionalists want us to think that all Africans have a natural disinclination to look at their bodies and call it tradition and culture. It is not true.

However, to be fair, perhaps the retribalisers have seen the rapidly changing society and can’t make head or tail of it. Or they just don’t like the look of it.

The problem is that instead of being open and saying, “I don’t know what the hell is going on, son, but let’s try to figure it out together”, they want to close the gates to all this wonderfully new and strange knowledge


This article first appeared here:  

Tuesday, May 29, 2012

Black men and women are the most post-modern subjects of all

References to African traditions and culture in the context of the controversy over The Spear, the painting portraying President Jacob Zuma with his penis showing, has brought back to mind one of the relatively big media stories of 2011.
This was the story triggered by the comments made by Mr Jimmy Manyi, President of the Black Management Forum and Head of Government Communication and Information Services.
I suspect the story went big because, in addition to Manyi, the other central protagonists involved in the event, were the minister in the presidency Mr Trevor Manuel, and Mr Paul Ngobeni, at the time legal adviser to the minister of defence.
But it also got traction because it was, like the perceived insult against African traditions by the depiction of Zuma’s imagined penis, yet another dreadful replay of the effects of the inherited misunderstandings of the racialised and tribalised pasts that made us into who we are.
Black people as a whole did not come out well from that story too.
Like other ugly stories of race, Manyi’s words and the exchanges that followed entrapped our imaginations because they played on the masochism and misrecognition that have become, since apartheid at least, an unhappy part of what is erroneously called African tradition or culture.

Tuesday, May 15, 2012

Changing traditions of naming


For most women changing your surname when you marry is the norm. It’s traditional, it’s expected, and it’s just the way it is.

But more and more women are questioning this notion and choosing to either keep their maiden names or opting for the double-barrel option.

Being married for nine years and having kept my maiden name throughout has become a non-issue for my husband and me. I haven’t given it much thought in years until a colleague recently asked me about it. This got me thinking about this issue once again, and this time with an added maturity.

I guess I never really understood the reason women changed their surnames. It is something that perplexed me even as a young girl. I remember being 9 years old and for the first time hearing that a woman changes her name after she gets married. I questioned my mother about this 'but why must the woman be the one to change' and she responded with a 'that’s just the way it is'. I knew I wasn’t going to get the answers from her and for the next two weeks this issue weighed heavy on my heart. I kept asking myself questions like, ‘why can’t men change their surname?’, and ‘who decided that this is how it should be?’ and even came up with the idea that it would be more fair if a married couple abandoned their own surnames and instead opted for a brand new one. Having found something that in my young mind made sense, I felt the issue was temporarily resolved and would be revisited one day when I get married.


When I did get married I was still a student and for academic purposes kept my maiden name.

But it was more than that. I didn’t feel that I had changed as a person to the extent that I needed a new name. Sure, being married was a new part of my identity; it is an added identity, not one that changed me in any significant way. I was still the person I was before getting married. All I had accomplished before marriage was still part of me. I didn’t want to let go of the person I spent all those years becoming – not even for a start afresh.


Reactions to my decision are varied. My friends thought it was a brilliant idea and whilst many of them would have liked to do the same, none of them did. Their reasons include disapproval by either their husbands or families, not wanting to offend their in-laws or for the sake of their children.

My extended family just thought that it was typical of me to try to be different and until this day some still extend invites to us using my husband’s name only.

Strangers sometimes ask weird and inappropriate questions such as do I not love my husband; is his name not good enough; if I’m modern or just a feminist.

It’s sometimes difficult to have to keep assuring people that I do love my husband and have respect for his family name but what endears him to be even more is the fact that he is fully supportive of me keeping my maiden name and, by doing so, he is telling me that he accepts me for who I am.


Our family has since started to expand and our first son was born a year ago. We knew the day would come when we would have to revisit the surname issue. I wanted to keep my maiden name and wanted my son to have his father’s surname. But I didn’t want to be the only one in our familial unit with a different surname. So we decided upon giving our son both surnames. And this works for our family.

I’m sure my boy will have questions when he is older, but I am confident that we will be able to explain it to him in a way that he understands and give him the freedom to choose his own naming tradition when the time comes.

After all, traditions are ever-evolving.



This blog was first posted on Timeslive on the 11-05-2012. To see the original article please click on the following link: http://m.timeslive.co.za/?name=timeslive&i=11270/1/0&artId=24299

Thursday, May 3, 2012

You say violence, rape, murder. I say love, peace and happiness!


Love can offer you a place of safety

There is all this enraged talk about rape, violence and murders in South Africa right now - and rightly so. But we have known for a while that there are just too many people being murdered, too many being raped, and that crime and violence are highly prevalent. We have known this for a long time.

In an earlier post, a colleague stated that: 

"the leaders are either out of ideas how to turn things around, restore meaning to the lives of these young men and women, or they couldn't give a toss for the young black men and women".

I can agree with the possibility of the second bit, but tend to disagree with the first part. It may not be that the leaders have run out of ideas, and instead that the options that might work are the options that they regard as insignificant. The options that might work, like paying attention and changing the small, daily aspects of our lives, that might make the difference are not even given a look-in. Small things like the need for love and the meaning of happiness and what they mean to young men.

So after interviewing a few young black South African males about the importance of love and happiness in ideologies of masculinity, I found that most young men need love. They actually do. Really.


This got me thinking and reading even more about men, love and happiness. Then I had to remind myself that I am a psychologist too, not just a researcher. I am new in this business of being a psychologist, so I forget sometimes.

Psychology, as you might know, is a field that could make significant contributions to the current depressing state South Africa finds itself in, emotionally speaking. The discipline continues to underchieve, but it has such a great potential for this society. Through the discipline psychology we learn the undeniable role of emotions in our lives, and currently, for me, the importance of paying attention to the affective lives of young black men.

Of course, cognitions and behaviour are important, but even though we all would agree that we are "feeling beings", affect tends to be regarded with suspicion by business and political creatures, or otherwise relegated to the private sphere. However, through psychological studies prove again and again that emotions like love, hope, gratitude, shame, and happiness can actually change a person's perceptions and outlook on life. But let me stick to love. As one of the young men I interviewed stated:

"since I met her, she has shown me so much love, and I have become a responsible man, I do not only think of myself, but I have to think of her too. When I buy myself a chocolate, I know I have to buy for baby too..".

So please tell me you don't think love can make a difference in this world. I will wait for your response.

Of course this is not irrefutable proof about the importance of love in young men's lives. But it tells you this young man thinks love has changed him. 

Anyway, all I am saying is that our political leaders and government directors and corporate heads need to forget, for a moment at least, about the traditionalist way of doing things as being the only way that works. Don't buy more guns and bullets for the police to intimidate black young men. Take down the boom gates. Stop building prisons. Ignore that traditionalist leader's voice inside that says love if for "birds". Young men, like young women, need love. Black men, like white men, need to be cared for and to care for others. We need to teach these men that it is okay to love, to be loved. That it's not so bad to laugh, you know. That being happy is just what one needs sometimes, maybe ultimately. That it is okay to cry if you want to. Pat Conroy puts it very well for me when he says

"I thought that at birth men are allowed just as many tears as women, but because they are forbidden to shed them, they die long before women do, with their hearts exploding or their blood pressure rising or their livers eaten away by alcohol, because that lake of grief inside them has no outlet. Men die because their faces were not watered enough".  


So in my quest to understand how young men experience love and happiness I came across more than I had expected. The look of a young men who is in love and is not ashamed to say that he is, the look on his face when he talks about his loved one and how she has influenced the positive change in his life...just priceless.

I really do believe that love can make a difference. Maybe the rates of murder won't drop by tomorrow, maybe there won't be less cases of rape in the next week, but surely in the long run we will have a society filled with caring, loving, responsible men who are good fathers too and not men who will abuse their families. If men love, in the long run we won't have 12-year-olds who repeatedly rape their 3-year-old sisters. We will not have men who abuse other young men. We shall not have have young men who are frustrated by the fact that they cannot meet the standards of white men or older, wealthier black men. 


We all suffer from the effects of violent crimes in one way or the other. And currently the situation of continuous traumatisation is just causing further and widespread decay in our societies and hearts. We are causing all manner of injury to ourselves, by ignoring our emotions. Violence has become so normalised, so ordinary. Murder is normalised, rape is normalised, abuse is normalised, and all these and more are reported on our televisions and radios eachday and all because, YES, they are happening.

But so is laughter, so are acts of peace: these are happening too. What if we made love, like a normal thing. How about getting strange and weird stories on television and radio about tenderness to each other. What about each of us making it okay for the 5-year-old to see mom kissing dad, granddad embracing uncle, friends enjoying each other. What if we teach the kid to understand that it is good to love and see if there will be a change later on.

I have a good feeling things will change for the better then. Not instantly, but they will. If, that is, we try something different. Like teach love. If we let ourselves change traditions that are not getting us anywhere. Like pay close attention to positive emotions. If we  transform ourselves and this way change our societies. Like hugging a young man today. 

Monday, April 23, 2012

Millions will lose their ‘citizenship’, by Nomboniso Gasa



 "We need no mourners in our stride; No remorse, no tears. Only this: Resolve. That the locust shall never again visit our farmsteads."
 
The above excerpt from a poem by Odia Ofeimun at the end of the Biafra War in Nigeria comes to mind as I grapple with the contestation on constitutionalism, constitutional democracy, majoritarianism and legislative changes under consideration in South Africa.
Ofeimun’s poem reminds me that at the core of this debate lies the refusal or inability to reflect critically on our complex history and its potency on the present and future. 
The choice for a constitutional democracy based on one law for one nation, separation of powers – a value system that protects all persons’ dignity and rights – was carefully considered as the basis on which we built a post-apartheid society. 
True, the constitution is a “living document“ which must be reviewed and refined as part of strengthening our democracy and nation-building process. However, we have to “get to grips“ with the meanings of a “living document“. Diverse groups of people and stakeholders may understand this differently. 
For example, changing the constitution, or enacting legislation to give effect to a constitutional provision, may in some cases undermine principles of equality, dignity of all persons and access to justice, and thus be an attack on the constitution. It also spurns the legacy of the South African struggle and our journey as a people, which the preamble of the constitution enjoins us to respect and honour. 
Among several proposed laws and reviews SA is discussing today is the Traditional Courts Bill (TCB).
The TCB purports to acknowledge the “traditional justice system and its values, based on restorative justice and reconciliation; to provide for the structure and functioning of traditional courts in line with the constitutional imperatives and values; to enhance customary law and the customs of communities observing a system of customary law”. 
On the face of it, there appears nothing wrong with this. Chapter 12 of the constitution provides for recognition and promotion of traditional leaders and customary law. 
This is an important provision, considering the impact of colonialism on indigenous cultural systems.
The TCB is premised on the need to repeal the Black Administration Act, 1927 (BAA), which is long overdue. However, the question is why repeal the BAA and replace it with something that does what the BAA was created to do and more? 
Why do we repeal a law that provided for a different administrative system for Africans and replace it with a law that strips 18 million people, 59 percent of whom are women, of their citizenship, just because they happen to live in rural communities that were once defined as “homelands”/Bantustans?
In essence, there will be a different law for South Africans who are based in what the TCB defines as “traditional communities”. 
Those who reside in these areas have no right to opt out in the proposed bill. This undermines a very basic principle of the constitution and post-apartheid South Africa – that of one nation, one law.
The TCB has interpreted the constitutional provision for ”traditional leaders” in a manner that directly contradicts and undermines Chapter 12 of the constitution. 
The constitution makes it clear all provisions shall be subject to the constitution. It also makes no provision for separate traditional courts. 
Section 211 (3) of the constitution states: “The courts must apply customary law when that law is applicable subject to the constitution and any legislation that specifically deals with customary law.”
Thus, while special legislation may be enacted, the constitution anticipates this as integrated within the overall South African law and not as separate phenomena. And even if there are variable elements, the constitution is supreme. 
The TCB undermines the supremacy of the constitution for those who reside in areas designated as traditional communities as well as those who may be visiting these communities.
The boundaries on which the TCB is based provide a sense of what this means for a significant number of South Africans. 
Derived from the Traditional Leadership and Governance Framework Act of 2003 – which in essence used apartheid spatial geography to define traditional communities – the TCB brings back the Bantustan system (as can be seen from the maps). 
The TCB goes much further than the Black Administration Act and gives traditional leaders sweeping powers. Effectively, it will erode local government powers and jurisdiction. This is unconstitutional.
Even if we read the TCB from the standpoint of those who argue for strong assertion and promotion of customary law, there are disturbing questions which cannot be ignored. 
Firstly, the TCB goes against the very spirit of living customary law as we know it.
The TCB centralises power in the hands of "senior traditional leaders", who will implement and develop it subject to customary law. 
Centralisation of power in one individual, even though the bill provides for "traditional councils" contrary to customary law and the cultural ethos from which it is derived. 
The central role played by traditional leaders in the development and interpretation of customary law is in fact a colonial invention. Processes and resources which guided customary practices and developments are not provided from the bill. In many areas these have been eroded over time. 
For example, izanusi in Zulu communities were known as the wise ones, who could advise not only traditional leaders on matters pertaining to custom, tradition and culture. 
In many instances, the traditional councils are not elected on the basis of the knowledge they have acquired or their ability to provide guidance to communities. 
Many obtain these positions through patronage systems, which discriminate against those who may be poor or not see eye to eye with the dominant traditional leaders in some areas. 
Despite a conscious effort to take constitutional principles into consideration, it is clear these are not thought through and will in fact be jettisoned while the bill becomes an act. This is clear where the bill refers to dominant customary law in the area. 
What does it mean in terms of the constitution if it is the traditional leaders’ view that certain people cannot represent themselves directly – especially women, as in some areas women are not allowed to enter certain spaces because they are considered impure when they are in mourning – or because some traditional courts are in spaces not open to women? 
The TCB prohibits legal representation in the traditional court. It relies on the use of relatives and community members as adequate where such representation is needed. This is not only unconstitutional, it also reveals some of the contradictions in the bill. 
Surely legal representation cannot be seen as undermining the coherence of customary practices.
Further, while the bill states "a party to proceedings before a traditional court may be represented by his or her wife or husband, family member, neighbour or member of the community, in accordance with customary law and custom", it is clear women are prohibited from direct participation. 
In many hearings, traditional leaders expressed themselves very strongly on this. 
Whatever is said in the bill, being in accordance with customary law and custom, it erases women and exposes the bias on which the bill is premised. 
The emphasis on dominant customary law of the area also raises a number of concerns in direct conflict with the constitution. 
Many of these communities have gone through serious changes and comprise people of different belief systems, including immigrants who are already vulnerable. 
The refusal to allow people to choose the law which may apply to them does not advance constitutional democracy nor promote development of customary law. 
It takes us back to an era which we hoped we had left behind. 
For those of us who grew up in the Bantustans, we know what this is about. It is about forced labour, which the bill proposes as part of remedial action in situations of disputes. It reminds us of levies and corporal punishment, which are already applied in some areas. 
We have been there before and it did not serve us well. 
That we are contemplating this bill during the centenary of the ANC – the movement which was built on the dream of freedom for all people and a South Africa that belongs to all – is a mockery of our history and political heritage. 
It is not possible to build a new house on foundations that are shaky. 
The locusts must never again visit our farmsteads in whatever guise they may come.

http://www.iol.co.za/news/politics/millions-will-lose-their-citizenship-1.1263279





IOL News nombonisoportrait 001 March25 2012
Nomboniso Gasa is a researcher and writer on gender, politics and cultural issues.

Sunday, 25 March 2012, Independent Online