Programme director
Executive Dean of the Faculty of Humanities, Professor N Maake
Executive Dean of the Faculty of Management and Law, Professor O Mireku
Executive Dean of the Faculty of Science and Agriculture, Professor H Siweya
Permanent Commissioner on the South African Law Commission, Advocate T Madonsela
Leaders and members of the South African Women Lawyers Association
Leaders of student organisations and in particular of the Progressive Youth Alliance
Distinguished guests
Ladies and gentlemen
In greeting you this evening allow me to convey the warm regards and support of the Minister of Justice and Constitutional Development, Minister Jeff Radebe.
We are very honoured to speak at the University of Limpopo a few days after Heritage Day, for this university is an important part of our political and intellectual heritage.
On the occasion of his installation as the chancellor of this institution in 1992, the first President of democratic South Africa, President Nelson Mandela, remarked that, “It is a matter of great pride to us that, this university, like many others did not become an institution of servitude as was the design of our oppressors. In this regard, we must single out the heroic role of the students and commend them highly for their commitment to the struggle. The indelible history of the struggle of the students on this campus is full of events of indomitable courage and resilience. It was students like Onkgopotse Tiro, Fistus Mothudi, Ignatius Mathebula and many others who inscribed the name of Turfloop on the conscience of our people. That Turfloop is today counted in the roll of honour is because of their valiant deeds.”
Turfloop is one of the education institutions that produced some of the finest and significant freedom fighters and leaders of our nation. The student and youth struggles that took place in this institution and elsewhere in the 1970s and 80s contributed to the defeat of apartheid and to the ongoing transformation of tertiary education in South Africa.
Like other institutions of higher learning, Turfloop has engaged in various processes of transformation of the higher education system as a whole. These are part of the transformation project mandated by the Constitution of our republic, which requires fundamental transformation of South African society with a view to dislodge apartheid and patriarchy in our country.
The Law Week Conference of the University of Limpopo, school of law has by now become a regular item on the annual agenda of lawyers both academic and professional in South Africa and the Southern African region. As in the past, the central theme of the conference this year is law, gender and social transformation.
The conference theme is inspired by the awareness that given South Africa’s historical background, gender considerations remain indispensable in any endeavour aimed at the attainment of equality for all persons in the country; hence, its inclusion within the broader theme of law and transformation.
The Law Week is closely associated with the legal research and writing programme, which is aimed at capacitating and developing women to write scholarly and critically about the law and gender issues, something which demonstrates an understanding and appreciation of political, economic and social disempowerment to which women have been subjected. In fact, the legal research and writing programme falls within the strategic objective of the South African revolution to resolve national and gender contradictions created by colonialism and apartheid as well as patriarchal oppression.
Because this patriarchal oppression was embedded in economic, social, religious, family and other relations in society; its eradication cannot be an assumed consequence of democracy. It is precisely because of this that all manifestations and consequences of patriarchy in South Africa ranging from feminisation of poverty, physical and psychological abuse, undermining of self-confidence, to open and hidden forms of exclusion from positions of authority and power have to be eliminated.
This is something which requires us, as a country, to work very hard to ensure the creation of the material and socio-cultural conditions, which will allow the abilities of women to flourish and enrich the life of the nation. Indeed, one of the greatest powers that people have over other persons is the power to define knowledge.
The role played by social norms and cultural values of society in shaping the thinking of ordinary individuals, the legal profession and judges alike, also applies regardless of the evolution of international conventions on the elimination of all forms of gender bias. Social and cultural norms have an impact on the interpretation and application of the law and the attitudes. In order to redefine and influence the interpretation of these norms and cultural values women need to start defining knowledge and contribute to the literature on law in context approach.
They saying that, “you empower a woman, you empower the nation” is reflected in the approach of Amartya Sen, who said, “Justice to women influences nearly every aspect of economic, social, political and legal development.” Because Amartya Sen regards “development as freedom”, to him programmes that are aimed at developing women talk to the freedom of those women.
In the past 15 years we have managed to establish an enabling mechanism for the advancement of women’s emancipation. There have been various transformation interventions, many sponsored by the state, that have sought to improve the position of women and their access to opportunities in the legal profession. This has included determined recruitment into the judiciary and other legal positions within the state.
There have also been interventions aimed at improving access to legal practice. This includes the expansion of avenues for entering the legal profession. It also includes concerted efforts to extend state legal briefs and other contracts to women legal professionals.
However, there are still many gaps. Many of these relate to women’s participation in thought leadership and policy development and dialogues. Such a programme is necessary to enable women to critique state policies and the review of laws that are passed in an effort of advancing a developmental agenda. There has been visible change in the bench and the legal profession also, however, some of the attitudes have remained intact.
Contemporary sexism is much more subtle and not likely to find overt expression in judgements. Women in the judiciary, other women legal professionals and ordinary women, who approach courts in search of justice, are confronted with contemporary forms of gender bias and sexism on a daily basis. Most of this takes the form of silent assumptions about the appropriate place in society, value in society for women and ideal conduct expected of women that inform the treatment of women in courts and judicial decisions involving them.
It is clear from the above that the past continues to define the present through accumulated social power on the part of the historically advantaged and accumulated social disadvantage on the part of the historically disadvantaged.
The fact that there were so few female law graduates until recently is not the only reason why we have so few women in position of authority within the legal profession. Women lawyers are not adequately represented in legal publications, particularly scholarly works and policy dialogues. This also undermines their career development. In addition to undermining their career development their voices are not being adequately heard within the discipline or the profession generally. The lack of women’s voices in the legal discourse and writing means that women’s experiences and needs are not taken into consideration.
This programme will establish a new engine of ideas and thinking. In order to redefine and influence the interpretation of the present cultural norms and values, women’s experiences should also define knowledge and contribute to the literature on law in context approach.
The Department of Justice and Constitutional Development has over the years showed desire and commitment to contribute in the efforts that are aimed at developing and empowering women.
At the 2006 South African Women in Law Indaba, the Minister of Justice and Constitutional Development, Mrs Brigitte Mabandla, identified the lack of women’s voices in the legal writing and discourse and challenged women lawyers to write and contribute to the creation of knowledge and the development of policies.
As government we are committed to this project. We are grateful to be part of the inception of a project that will expand and sustain women’s voices in ongoing discourses on the law, gender and social transformation. On that note, I wish the Law Week Conference a success and more particularly, the legal research and writing programme partnership well with the important task that lie ahead of it.
To all members of the legal profession, academia and students you are a generation that can and must follow in the footsteps of those who have gone before you at this university and make a difference in the profession itself, the legal framework of the country and improving access to justice for the disadvantaged.
Let us remember that legal minds have a pivotal role in ridding society of the socio-economic ills, which retard advancement of human development. We are, confident that the skills to be imparted and acquired through the legal research and writing programme will assist in consolidating, advancing and deepening emancipation of the people from poverty, underdevelopment and patriarchy.
Working together we can do more.
I thank you.
Issued by: Department of Justice and Constitutional Development
28 September 2009
Source: Department of Justice and Constitutional Development
(http://www.doj.gov.za/)
