Journal articles on the topic 'Women's rights – South Africa – Johannesburg'

This is a portrait of the anti-apartheid struggle for freedom in South Africa by Maniben Sita, a follower of Gandhi, who adopted satyagraha to oppose injustice. In 1946–47, Maniben organised a women’s contingent to demonstrate against the restrictive laws that were being promulgated to curb Indians’ access to land and trading rights. As executive member of the Transvaal Indian Congress and later in the Defiance Campaign of the 1950s she continued her advocacy of justice for all. She was sent to prison several times during her long involvement in the anti-apartheid struggle. She is recognised as one of South Africa’s heroines and her portrait hangs in the Apartheid Museum in Johannesburg.

There is a growing literature on the conditions of Zimbabwean women working as migrant workers in South Africa, specifically in cities like Johannesburg. Based on in-depth interviews and documentary analysis, this empirical research paper contributes to scholarship examining the conditions of migrant women workers from Zimbabwe employed as precarious workers in Johannesburg by zooming in on specific causes of migration to Johannesburg, the journey undertaken by the migrant women to Johannesburg, challenges of documentation, use of networks to survive in Johannesburg, employment of the women in precarious work, and challenges in the workplace. Rape and sexual violence are threats that face the women interviewed during migration to Johannesburg and even when in Johannesburg. The police who are supposed to uphold and protect the law are often found to be perpetrators involved in various forms of violence against women. In the workplace, the women earn starvation wages and work under poor working conditions. Human rights organizations and trade unions are unable to reach the many migrant women because of the sheer volume of violations against workers’ rights and human rights.

Democratization provides women an opportunity to represent their interests/issues effectively. Institutional change of democratic transition proves women's movement's best chance to push for gender-sensitive policy outcomes. This case study critically examines three selected democratic transitions' workings and assesses the cross-cases variation in women's gendered outcomes (South Africa, Chile, and Pakistan). The research questions state as "how and why did women's movements perform differently in achieving gendered policy outcomes in the democratic transitions?” Engaging comparative framework and the qualitative approach, the study shows that the socio-political context, historical legacies, and party alliances have played vital role in varying gendered outcomes.

This study aimed to determine children’s experiences of their rights. The sample consisted of 185 Grade 9 pupils (females = 95; males = 90) randomly sampled from 13 secondary schools from Johannesburg, South Africa, from a previous study. The participants were requested to write their responses to an open-ended question: ‘What do you think of children’s rights in South Africa?’ The data were analysed using content analysis since the data from the open-ended question was qualitative in nature. Results indicated that children were aware that they have rights, and that adults were still violating them. Based on the findings and a human rights-basedframework, several recommendations were made, such as, the need to adopt a more radical approach when dealing with children’s rights and the need to encourage schools and families to develop a culture of respecting children’s rights.

The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the African continent show that the focus has been on promoting and protecting the rights of women as defined in international human rights law, as well as on respecting the practice of polygyny. These legislative reforms in jurisdictions such as Kenya, Mozambique and South Africa show that the approach to regulating polygyny has been either to legalise, abolish, or regulate the practice. In view of the focus in these reforms on both women's rights and respect for the practice of polygyny, this paper examines the different approaches of the selected countries to regulating the practice. In particular, this paper investigates how these countries are striking a balance between polygyny and the protection of women's rights. It will also highlight the difficulties that law reformers face in regulating the practice in such a way as to protect women's rights, as well as the gaps in the law reforms that need to be addressed.

AbstractThis article is a study of the tension which arises because South Africa is a religious society within a secular state, or a secular state embedded in a religious society. The belief in God among Grade 11 students in the Johannesburg/ Pretoria region is investigated, and questions are posed as to the role belief in God plays in the formation of their attitudes towards human rights. Fundamental aspects of the relationship between belief in God and human rights are dealt with, students' belief in God is investigated and described, and finally, it is asked whether the students believe that there is a God of human rights.

The enforcement of socio-economic rights, the protection of biodiversity, inter-country adoptions, matrimonial property and Roman property law are the diverse, though highly engaging themes of this last issue of the year. In their article focusing on the process of the implementation of socio-economic rights by means of court orders in South Africa, Advocate Renier de Beer of Johannesburg and Professor Stella Vettori of the University of Pretoria urge the courts to become more adventurous in their methods of enforcement of their orders.

AbstractDespite the growth of cash transfers to reduce poverty, promote child and family well-being and women's empowerment, the gender dynamics and impact of social protection remains poorly understood. We hypothesise that poor female care-givers receiving a cash transfer for their children are better able to contribute to the material and social well-being of their children than female care-givers who do not receive a cash transfer. This paper reports results of a household survey in one of the poorest wards in Johannesburg, South Africa. Structural equation modelling is used to analyse the data. We found that cash transfers increase women's individual income, which is in turn positively associated with increased financial independence, decision-making power over financial resources and decisions about children's well-being. Beneficiaries were more actively engaged in care activities with their children. There are two implications for the insertion of gender and care into social protection policies. First that it is not necessary to attach behavioural change conditions to social protection policies in order to stimulate female care-givers to be more engaged in developmental activities with their children. Second, there is no risk of promoting a maternalistic model of care or ‘maternalism’ in the South African context as the transfer contributes to both women's individual incomes and their financial decision-making power.

Medical adult male circumcision has been shown to offer men significant protection against HIV infection during peno-vaginal sex. This has resulted in calls for a national roll-out of medical adult male circumcision in South Africa, a rights-based constitutional democracy. This article explores the ways that the potential tensions between this call to circumcise as a practice of good health citizenship and the guaranteed right to bodily integrity are negotiated in interviews with 30 urban-based men in Johannesburg. The results suggest that despite its demonstrable biological efficacy, these tensions may paralyse decision- and policy-makers in grappling with the potential scaling up of medical adult male circumcision for HIV prevention in South Africa.


 
 
 This article was a result of an investigation measuring the ‘Correlation between Borrower Education and Non-payment Behaviour in Low Income Homeowners in South Africa as the premise of the study and poor relationship between lenders and borrowers as the secondary proposition. The study was motivated by the high level of foreclosures for non-payment of mortgages in the Protea Glen area in Johannesburg, Gauteng, as reported by the Human Rights Commission Inquiry in 2008. In investigating this non- payment behaviour the researcher employed largely quantitative instruments supplemented by qualitative methods. The study revealed interesting empirical findings that largely invalidated the founding hypotheses, despite existing theoretical frameworks - underpinned by various scholars - that sought to corroborate the hypotheses. The findings have however supported the premise that households reporting poor relationships with lenders were susceptible to non-payment behaviour. The rest of the secondary hypotheses were rejected by the empirical findings, viz. that there was no correlation between the level of formal education and non-payment behaviour; the link between propensity to default and the age of homeowners were also invalidated. From these findings, it can be demonstrated that there is a critical need for mitigating measures to remedy the identified shortcomings in this sector.
 
 

This research aims to investigate how the adoption of King III can affect the corporate governance model of a sample of South African listed companies on the Johannesburg Stock Exchange (JSE). Particularly, we analyzed the influence of sustainability-related issues of the board of directors (BDs) on firm environmental disclosure, after the mandatory preparation of integrated reporting (IR). In addition, we also examined indepth whether some corporate social policies are able to condition the foregoing disclosure. The empirical study covers the period from 2010 (the first-time adoption of IR in South Africa) to 2015 (the earliest year of the release process regarding King Code of Governance Principles for South Africa 2009 (i.e., King III)). Data were collected by the Bloomberg database. With reference to the BDs features, great attention was paid to both business ethics policy and CEO duality. Instead, with regard to corporate social issues, we looked into the adoption of the policies pertaining to health and safety and the respect for human rights. Following the mandatory preparation of IR, our findings show a positive relationship between business ethics policy and firm environmental disclosure. Contrarily, CEO duality does not exert any effect over the earlier type of corporate reporting. Furthermore, empirical evidence substantiates the association between health safety and human rights policies that are very crucial in an emerging economy, such as South Africa, and firm environmental disclosure. The rationale of such results arguably resides in compliance with King III. Therefore, this study can provide interesting insights, given that its mandatory adoption might reveal an important turning point in the development of corporate governance codes, as well as being a “driver” for potential enhancements of firm environmental disclosure, inter alia, in line with the Sustainable Development Goal (SDG) 12.6.

This article describes the development of the Community Health clinic model for Agency in Relationships and Safer Microbicide Adherence intervention (CHARISMA), an intervention designed to address the ways in which gender norms and power differentials within relationships affect women's ability to safely and consistently use HIV pre-exposure prophylaxis (PrEP). CHARISMA development involved three main activities: (1) a literature review to identify appropriate evidence-based relationship dynamic scales and interventions; (2) the analysis of primary and secondary data collected from completed PrEP studies, surveys and cognitive interviews with PrEP-experienced and naïve women, and in-depth interviews with former vaginal ring trial participants and male partners; and (3) the conduct of workshops to test and refine key intervention activities prior to pilot testing. These steps are described along with the final clinic and community-based intervention, which was tested for feasibility, acceptability, and preliminary effectiveness in Johannesburg, South Africa.

Government of the Republic of Namibia v LM [2014] NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the height of labour is inappropriate because labouring women lack the capacity to consent because of the intensity of their labour pains. This article recognises that the LM case may make its way into current litigation strategies against involuntary sterilisations in South Africa and for this reason I evaluate the soundness of the court's reasoning in the LM case. I argue that the court relied on the harmful gender stereotype that labouring women lack the capacity to make decisions, I expose this stereotype as baseless and demonstrate the harmful consequences of its perpetuation. Finally, I demonstrate why the reasoning in the LM case is particularly problematic in the South African context, and I conclude that the adoption of this sort of reasoning will result in many women facing serious injustices, because it strikes at the core of a woman's agency during childbirth.
 

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.

The terms ‘age of consent’, ‘age of licence’ and ‘age of majority’ – often used interchangeably – give young adults legal and moral permission to drink, drive, vote, smoke, have sex and marry (among other rights). Depending on context, the threshold from being a minor to attaining majority – adulthood – is marked by a ritual or a ceremony, giving the threshold cul-tural as well as legal significance. But thresholds, as we already know, are places of action, movement, change … rarely comfortable or easy, and seldom precise. Drawing on the three years since the Graduate School of Architecture at the University of Johannesburg (GSA) was established in 2016, this essay traces the school's own ‘coming-of-age’ in a time of violent protest and popular uprising against an out-of-date and stubbornly Eurocentric curriculum. Whilst the issues facing young South African students – both black and white – have particular resonance inside South Africa, many of the initiatives that the school has pioneered under the banner of ‘Transformative Pedagogies’ hold meaning for the rest of the African continent. Using a mixture of conventional texts, videos, projects and transcripts, A Minor Majority details the GSA's attempts to seize both the site-specific ‘winds of change’ in South Africa and take advantage of global shifts in research culture and methodology to arrive at new insights and possibilities.

The aim of this article is to demonstrate that, although South Africa has permissive termination-of-pregnancy legislation, to the extent that women can terminate first- and second-trimester pregnancies on demand and for socio-economic reasons, foetal interests are in fact taken into account. The system of female reproductive rights progressively shelters foetal interests, albeit to a limited extent. South Africa is in the process of successfully balancing the conflicting notions of female reproductive rights and foetal interests. The article discusses the "right to terminate a pregnancy" with reference to the Constitution, the Choice on Termination of Pregnancy Act 92 of 1996 and relevant case law. On the topic of foetal interests, the article looks at the Choice on Termination of Pregnancy Act as legislative recognition of foetal interests since a woman's right to terminate her pregnancy is progressively limited as the pregnancy advances beyond the second trimester. The value of dignity justifies the recognition of foetal interests. Further, accepting that the Choice on Termination of Pregnancy Act limitedly protects foetal interests based on the value of dignity, the article questions why South Africa permits elective second trimester termination of pregnancies? Research indicates a need for second trimester terminations and the article discusses the position of a number of women seeking second trimester terminations. The article draws to an end by looking at the case of S v Mshumpa as an example of the balancing process that is needed when dealing with female reproductive rights and foetal interests. This article demonstrates the constitutional setting of women's termination-of-pregnancy rights on the one hand, and foetal interests on the other. Further, it illustrates that these conflicting positions, rather than being deepened, are in fact balanced by legislation and relevant case law.

In 2001 South Africa introduced a social policy to provide all citizens, but particularly the poor, with a monthly supply of limited volumes of free water. Although criticised by international agencies at the time, lifeline tariffs to the poor are now promoted as a strategy to meet the Millennium Development Goals. Much of free basic water's contemporary allure lies in its ostensible artifice in offering water security to poor citizens whilst simultaneously strengthening the municipal cost-recovery regime. Past attempts at unravelling what has become something of a social policy allegory were hindered by the absence of a state voice in this intriguing narrative. A legal challenge launched by poor Soweto, Johannesburg citizens has enabled the public to have access to state affidavits. These primary data, together with improved positioning of free water literature within a broader scope of municipal water systems (rights, volumes and tariff structures), socio-political paradigms and a more rigorous interrogation of previously uncontested international standards and ideological ‘neutral’ discourses provide a more comprehensive chronicle of the complex free water narratives. As such, the offering of free water, far from being a benign concession, was used to contain very poor households to limited volumes of water beneath what they required whilst ensuring that the majority of still poor households, who consumed beyond the free volumes, paid the full cost of the water service.

This study looks at the prevalence of gender violence in South Africa particularly, and argues to support a gendered perspective as an approach with the inclusion of women in an effort to address or resolve violence against women. The UNSCR-1325 reaffirmed the significance of gender integration at all levels of peace and security agenda, the purpose underlined in the declaration shows a slow affirmation among international organisations. The effect of gender based brutality is a significant human rights infringement with real social and formative effects for overcoming viciousness. On an individual level, sexual based violence can lead to mental injury, and can have both psychological social and physical ramifications for survivors. Therefore, the argument set forward in support of a gendered viewpoint to deal with violence and peace-building originated from a classified arrangement of political characters, from a collection of controls, with various political sentimentalities and distinctive prescribed techniques for conflicts intervention. Furthermore, the global gendered perspective intervention is also assessed as a strategy by exploring various approaches to deal with global gender-based conflict. The approaches are considered instrumentalist in their various approaches, as they consider women to be instrumental in accomplishing a maintainable peace, but dismissing the issue of how peace can improve the situation of violence against women, and not taking into consideration the issues of gender based violence. This tremendously fails to discourse and address structural disparities and power crescendos or dynamics that underpinned gender discrimination. Findings in this study shows that, there is a need for gendered perspective to address violence and build peace in various civil societies, while taking into account the socio-economic effect of gender violence. Peace and Security plan is goal-oriented and transformative in its discourse. Therefore, it requires women's contribution to fight gender violence at all levels.

The informal economy is typically understood as being outside the law. However, this article develops the concept ‘social uses of the law’ to interrogate how informal workers understand, engage and deploy the law, facilitating the development of more nuanced theorizations of both the informal economy and the law. The article explores how a legal victory over the Johannesburg Council by reclaimers of reusable and recyclable materials at the Marie Louise landfill in Soweto, South Africa shaped their subjectivities and became bound up in struggles between reclaimers at the dump. Engaging with critical legal theory, the author argues that in a social world where most people do not read, understand, or cite court rulings, the ‘social uses of the law’ can be of greater import than the actual judgement. This does not, however, render the state absent, as the assertion that the court sanctioned particular claims and rights is central to the reclaimers’ social uses of the law. Through the social uses of the law, these reclaimers force us to consider how and why the law, one of the cornerstones of state formation, cannot be separated from the informal ways it is understood and deployed. The article concludes by sketching a research agenda that can assist in developing a more relational understanding of the law and the informal economy.

This edition of PER consists of eight articles, four notes and two book reviews covering a range of topics. The first article is by Oliver Fuo, a postgraduate student of the North-West University (Potchefstroom Campus). His contribution deals with the status of executive policies and the basis for their judicial enforcement in a constitutional and socio-economic context. He demonstrates that "executive" policies may be perceived to have the force of law, especially where their enforcement may be imperative for the realisation of socio-economic rights. Secondly, Ig Rautenbach of the University of Johannesburg considers empirical data on the effectiveness of the Constitutional Court during the period 1995 to 2012. He focuses on the following three questions: "How did the cases reach the court", "why did the court refuse to consider some of them", and "how often did the court invalidate laws and actions". In the third article, Magda Slabbert and Hendrik Pienaar, follows a multi-disciplinary approach to discuss the legal position of the locum tenens that is often used by medical practitioners in private practice. They recommend that a locum tenens be appointed as an independent contractor rather than an employee, and argues that the onus to ensure that he or she is registered and fit to practice rests on the principal. The fourth article by Carika Keuler deals with the "pay now, argue later" rule in terms of the Tax Administration Act 28 of 2011. She is of the opinion that the Act fails to address the imbalance between the duties of the South African Revenue Services and the right of the taxpayer to access the courts. JC Knobel, the author of the fifth article, gives an overview of the conservation status of eagles in South Africa. He discusses the existing legal framework and makes a number of recommendations to improve their legal status. Two authors, Laurence Juma and James Tsabora, both from Rhodes University, discuss the possibility of South Africa enacting a new law regulating private military and/or security companies, which they refer to as PMSC's. The seventh article by Johan Kruger and Clarence Tshoose gives a South African perspective on the impact of the Labour Relations Act 66 of 1995 on minority trade unions. In the eight place, Dave Holness offers an analysis of compulsory "live client" clinical legal education as part of the LLB course as a means of improving access to justice for the indigent.

This edition of PER consists of one oratio, 13 articles and one book review dealing with a variety of themes.The first contribution is an oratio delivered by Lourens du Plessis at a colloquium hosted by the Faculty of Law, University of the Western Cape, on 2 October 2015 to celebrate his life and work, in which he aptly refers to himself as a "learned jackal for justice".The first of the 13 articles is by Lonias Ndlovu, who uses the 2013 Supreme Court of India case of Novartis AG v Union of India to argue for legislative reform by SADC members in the granting of patents for new versions of old medicines. Secondly, Lunga Siyo and John Mubangizi consider whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges, which is fundamental to democracy.Leah Ndimurwimo and Melvin Mbao trace the root causes of Burundi's systemic armed violence and argue that despite several UN Security Council Resolutions and peace agreements aimed at national reconciliation and reconstruction, mass killings and other heinous crimes remain unaddressed. In the fourth place, Marelize Marais and Jan Pretorius present a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act). Phillipa King and Christine Reddell discuss the pivotal role of the public in water use rights, especially in the context of theNational Water Act 36 of 1998 in the fifth article. The difficulties surrounding the tripartite scheme of statutory, constitutional and living law in a pluralistic system such as South Africa are the focus of the article by Rita Ozoemena. She uses the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC) as an example to illustrate the difficulties experienced in trying to balance this scheme. Angela van der Berg critically discusses and describes from a legal perspective the potential and function of public-private partnerships (PPPs) between local government (municipalities) and the private sector in fulfilling the legally entrenched disaster management mandate of municipalities. André van der Walt and Sue-Mari Viljoen argue that there are sound theoretical and systemic reasons why it is necessary to keep in mind the differences between property, land rights and housing rights when analysing, interpreting and applying any of these rights in a specific constitutional text. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is procedurally fair are analysed by Philip Stoop in his article. Liz Lewis also scrutinises the judicial development of customary law in the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC). She pleads for a judicial approach which take cognisance of the norms and values with reference to their particular context and audience instead of those embedded in international and western law. Water security, which is dealt with by Ed Couzens, remains a highly topical theme in a country such as South Africa. He explores ways to circumvent the effects of the Constitutional Court in Mazibuko v City of Johannesburg 2010 4 SA 1 (CC) with regard to the allocation of water to the poor. Izelle du Plessis discusses some of the existing opinions regarding the incorporation of double taxation agreements into the domestic law of South Africa. Last, but not least, Koos Malan deliberates on the rule of law and constitutional supremacy and comes to the conclusion that they are, from the perspective of the factual dimension of the law, more susceptible to the volatility of unpredictable changes and instability than the doctrine of the rule of law and constitutional supremacy purport them to be.In the last contribution to this edition, Robbie Robinson reviews the book "International Law and Child Soldiers" written by Gus Waschefort and published by Hart Publishing (Oxford) in 2015. He is of the opinion that the book is asine qua non for studies of children in international law.

This review attempts to shed light on the socio-cultural roots of gender-based violence (GBV) and its impact on women's health with a special reference to reproductive health in the context of South Asia. It also identifies the policy and capacity gaps that impede the implementation of gender-related development goals and makes recommendations in light of the ongoing situation. Led by the growing recognition of the pivotal importance of women’s and child’s health in national development processes, the issues surrounding gender-based violence (GBV) are being given increasing prominence in the global public health agenda. However, developing regions such as South Asia and Sub Saharan Africa are lagging far behind in this respect and failing to prioritize and implement gender-related development strategies. South Asian nations in their pursuance of gender-related goals are faced with host of infrastructure issues in financing, policy guidance, implementation and legislation terms. This study highlights the fact that GBV is essentially a socio-cultural issue which calls for developing gender-sensitive social policies and making strategic investment to promote social capital tailored especially to promote a more nuanced view of women’s health and human rights. Method: Cochrane Database of Systematic Reviews, Embase, Ovid MEDLINE, PsycINFO, and Web of Science were searched for original and review articles published between January of 2000 to July of 2015. Boolean search was performed to identify suitable articles relating to GBV conducted on South Asia (Bangladesh, India, Nepal, Pakistan, Sri Lanka) by using the following search terms: South Asia, GBV, IPV (intimate partner violence), domestic violence, women’s health, reproductive health, risk factors, perpetrator, sexual abuse. Reference lists were searched manually for articles relevant to this study (snowballing). One volunteer from each country included in the study helped in reviewing renowned local media reports and constitutions to gather policy information germane to GBV issues.

The institution of traditional leadership has from time immemorial been central to traditional authority in the system of customary law. After the dawn of democracy in 1994, the role was fundamentally entrenched in the Constitution of the Republic of South Africa, 1996. The entrenchment would seem to entail the development of a new set of norms and a new ethos in customary law in line with the ideals of the new democracy, and the modification of certain aspects of the system. Of great significance for the transformation of the system is the promotion of the right to gender equality with reference to women's succession to the throne. Various commentators argue for this as an attempt to transform the culture of domination entrenched in a patriarchal system that always undermined the rights of women.
 Against this background, this article undertakes a comparative analysis of the recent judgments of the Supreme Court of Appeal in Mphephu v Mphephu-Ramabulana 2019 7 BCLR 862 (SCA) and Ludidi v Ludidi 2018 4 All SA 1 (SCA) to determine whether the succession of women to the throne is evidence of the desired transformation of the institution of traditional leadership. The article argues that these judgments have initiated a transformation which has the potential to destroy the identity of the institution of traditional leadership by paving the way for the nomination of women to occupy not just any leadership position in the chieftaincy but the throne itself. It also argues that the interpretation of the right to gender equality through the lens of common law instead of in its own context, which has a communal focus, compromises the transformative or developmental agenda of the institution of traditional leadership as envisaged in the Constitution. The discussion is limited to succession to the "throne" and is not applicable to other leadership positions such as occur in matrilineal systems, or regency and other such traditional leadership roles. This is also not a comparative study that considers other jurisdictions, is further limited to the concept of "gender discrimination", and does not deal with the other technicalities that were raised in these cases.

<p>In a country where there is a consistent loud outcry about school achievement of youth<br />in the final school examination in Grade 12, attention has recently shifted to children in<br />the primary school. The very founding of this journal was motivated by a deep concern<br />about research in childhood education and children’s lives. Questions were being asked<br />about what happens in the first years of schooling, about the suitability of the national<br />curriculum for such a diverse population, about specialised research in the field of<br />learning in the early years, and about teaching with care and with insight, knowing<br />who the children of this nation are.<br />The journal took an early stand when, at its launch in 2010, the editor noted that the<br />notion of a national foundation phase curriculum assumes the existence of a ‘national’<br />Grade 1 learner. In South Africa there are children who come to school, well prepared<br />for the demands of school – and there are others who come with only their survival<br />records in homes of extreme poverty, of absent parents and of families broken by the<br />effects of the history of the nation and the effects of disease. Much as we would like<br />to see a standard of performance expected from the ‘national’ young learner, we need<br />to see the layers of diversity too. Can such a stratified population, socially fractured<br />in many ways, truly enact a differentiated curriculum for children who have so much<br />and for children who have so little at the same time and at the same pace? Can our<br />foundation phase classes be truly inclusive?<br />It remains a vexing question. Much research is needed to even try to give a robust<br />response. In recent years, in the research of the Centre for Education Practice Research<br />at my home institution, we have encountered more than 3000 children between five<br />and seven years old in an extensive interview test of mathematical cognition. In the<br />process we found children who had never encountered a print drawing and children<br />who did not know that a page can be turned. However, the very same children had<br />a perfectly normal idea of approximate number and size. We regard this as evidence<br />that they have the core knowledge of number that has to be developed by systematic<br />instruction and caring apprenticeship in classrooms. But for that they would need<br />teachers who know them as well as they know the latest curriculum and its suggested<br />tools of teaching.<br />This is but one example of how important teacher education is and how important<br />it is that we should investigate both learners and teachers, but also teacher education<br />and teacher educators. Teachers and their educators at universities have their own<br />view of children, of learning and of childhood. Much as we may all agree that the<br />core activity of schools is for the young to learn the three Rs and the subject areas of<br />the curriculum, there are researchers who are opposed to a developmental view of<br />learning. The journal’s stance is that, in the Vygotskian tradition (Kozulin, 1990), the<br />young learn and are initiated – and thus develop – in the work of school (and society).<br />SAJCE– December 2014<br />ii<br />In the SAJCE we welcome different views on child learning and celebrate South<br />Africa’s researchers who argue that “pedagogical ‘know-how’ and views of child and<br />childhood constitute the subject knowledge that is foundational in the foundation<br />phase curriculum” – as Murris and Verbeek do in this issue. Add to that knowledge<br />of how children the world over have core knowledge systems, as argued by cognitive<br />developmental psychologists and neuroscientists, and we have a composite picture<br />of what the object of teacher education is – to know 1) the learner and 2) the subject<br />content, but also 3) the self as teacher.<br />This ‘didactical triangle’, was already proposed as view of teaching in the 17th century<br />in Comenius’s major work, Didactica Magna (Comenius, 1632/1967). In the 20th century,<br />for some reason, the English- speaking world used the term ‘didactic’ to denote<br />teacher-centred learning, while Comenius proposed what can arguably nowadays be<br />termed pedagogical content knowledge (PCK). Jari Lavonen, the chair of the teacher<br />education department at the University of Helsinki, recently noted that PCK is the<br />transformation of subject content knowledge by infusing it with knowledge of the<br />learner and of the self as teacher. In Finland they refer to PCK simply as Didactics, while<br />taking full cognisance of Shulman’s model (Shulman 1986).<br />But, views on teaching become more complicated when teachers are faced<br />with children who enter Grade 1, but who are not ready to embrace the way of life<br />at school. Bruwer and her co-authors report in this issue on teachers’ views on the<br />predicament they face when children need to cross the liminality boundary – when<br />they are still ‘betwixt and between’ life as an informal learner and life in school, where<br />they have to be inducted into life as a formal learner in a national curriculum. In the<br />same vein, Condy and Blease argue that a “one-size-fits-all curriculum cannot address<br />the issues that rural multigrade teachers and learners face”. Seldom do educational<br />researchers contemplate this very real issue. I was in the same class in Grade 1 as my<br />brother, who was then in Grade 8, in a little farm school. I recall vividly how we young<br />ones spent much time making clay oxen while they were doing indecipherable maths<br />on the writing board.<br />When more than one language is used, or required to be used, in a single classroom<br />communication set-up, a teacher is faced with yet another dimension. Ankiah-Gangadeen<br />and Samuel write about a narrative inquiry that was conducted in Mauritius, noting<br />that the “narrative inquiry methodology offered rich possibilities to foray into these<br />[teachers’] experiences, including the manifestations of negotiating their classroom<br />pedagogy in relation to their own personal historical biographies of language teaching<br />and learning”.<br />Added to the multilayered types of knowledge around which a teacher needs to<br />negotiate her way in a foundation phase classroom, are knowledge and understanding<br />of children’s transition from one grade to the next. Nieuwenhuizen and co-authors<br />found that the move from Grade 2 to Grade 3 is notably more difficult for children than<br />earlier grade transitions. I wish to add that it is also a grade transition that requires<br />much more of the learning child in volume and in pace of learning; the transition<br />Editorial<br />requires a ‘mature’ young learner who has worked through the curriculum of the<br />earlier grades effectively.<br />Kanjee and Moloi not only present information about ANA results, but show how<br />teachers utilise these in their teaching. To that, the editorial team adds: what is the<br />national testing ritual really doing for teachers? Are there many unforeseen and even<br />unintended effects? Many teachers may say that it alerts them to gaps in their own<br />knowledge and pedagogy and, especially, we would think, the way in which they<br />assess children’s learning effectively. While Kanjee and Moloi invoke local national<br />tests, Fritz and her co-authors from Germany, Switzerland and South Africa show<br />how a mathematics competence and diagnostic test for school beginners found<br />its way from Europe to South Africa. They point to the challenges of translating an<br />interview-based test and of validating it in a local context in four languages. With the<br />promise that the test will be normed in this country, the foundation phase education<br />as well as the educational psychology community may stand to benefit from such a<br />test, which is theoretically grounded in children’s conceptual development.<br />The matter of teaching with formative assessment as pedagogical tool comes to<br />mind whenever one discusses assessment. In an article by Long and Dunne, one reads<br />about their investigation into teaching of mathematics with a very specific angle – how<br />to “map and manage the omissions implicit in the current unfolding of the Curriculum<br />and Assessment Policy Statement (CAPS) for mathematics”. In a very dense and fast<br />paced curriculum it is not possible to fill all the gaps. Who knows what the effect may<br />be for future learning of children who move through a curriculum quite rapidly?<br />Staying in the early grade classroom, Sibanda explores the readability of two<br />textbooks for natural science learning for Grade 4 learners. She touches on one of<br />the sensitive nerves of South African school education, namely the English language.<br />In her analysis of two textbooks, using a range of methods of text analysis, she<br />comes to the conclusion that the books are simply too difficult to read. She argues<br />that the authors have not taken into account that both vocabulary and syntax have<br />to be taught systematically in order for Grade 4 children to be able to read texts in a<br />language they do not know well, for one, and in a discourse of science writing that is<br />new for them as well.<br />Ragpot narrates the story of how an instructional film, #Taximaths: how children<br />make their world mathematical, was conceptualised, scripted and produced with<br />senior undergraduate students at UJ. This artefact serves not only as higher education<br />material in teacher education, but is also used as material for teacher development.1<br />This issue of the journal is rounded off by an important contribution about the<br />ethics of research on children. Pillay explains how experts in ethics have advised him<br />in the work they do in the National Research Foundation South African Research<br />Chair he holds in ‘Education and Care in Childhood’ at the University of Johannesburg.<br />The reader is reminded that care of vulnerable children and the protection of their<br />rights should be high on the list of educational practice and its research.<br />iii<br />SAJCE– December 2014<br />The next issue of SAJCE is a special one. It is edited by Nadine Petersen and Sarah<br />Gravett and it celebrates a programme of research and development of the South<br />African Department of Higher Education and Training, with funding support from the<br />EU. The Strengthening Foundation Phase Teacher Education Programme started in<br />2011 and included most of the universities in the country. The issue promises to be a<br />milestone publication on teacher education for the primary school.<br />Editorial greetings<br />Elizabeth Henning</p>

Housing is a fundamental human right and a home provides independence, stability and dignity. If women do not own land or homes, it renders them powerless. The majority of South African rural women are historically poor, illiterate or semi-illiterate, and have had no land ownership rights. Unable to make a living in the traditional male-dominated and underdeveloped rural areas, they migrate to white-owned farms, towns or the cities. This article is based on an extensive study of the women of Badirile, a semi-urban “black township” near Randfontein, east of the Johannesburg metropolitan area. I explored the plight of women living here over a period of three years, through qualitative analysis and as a participant observer. I analysed the many problems faced by these women who “escaped” from rural areas in search of better living conditions, only to remain marginalised, homeless and trapped in poverty. Lacking knowledge about their legal rights, they are denied access to land, secure housing and adequate homes. The research showed that this homelessness and all its subsequent consequences cannot be divorced from both historical and current issues.

Abstract Background Women may need or seek male partner approval to safely and consistently use oral antiretroviral pre-exposure prophylaxis (PrEP) or vaginal microbicides. We developed CHARISMA, a counseling intervention to support women’s relationships and their ability to consistently use HIV prevention products. Methods In a pilot study with 95 female participants in Johannesburg, South Africa, lay counselors implemented CHARISMA, assessing participants’ relationship(s) with their male partner(s) and barriers or facilitators to HIV prevention method use, and then providing tailored, interactive counseling. We conducted study participant surveys and clinic staff interviews to evaluate CHARISMA’s feasibility and acceptability. Results The CHARISMA pilot study indicates that a two-session relationship counseling intervention with 6-month follow-up to support women’s ability to safely and effectively use vaginal microbicides was generally acceptable and feasible. Most participants thought CHARISMA was relevant, helpful, and about the right length, and that it had a positive impact on their relationships with their partners and their product use. Staff estimated that the intervention took 1.5–2 h to implement at enrollment and 45 min to an hour for the month 1 visit. They thought that overall CHARISMA was generally feasible to implement. Conclusions Findings from this study suggest several lessons learned that may be relevant to others developing interventions supporting women’s use of oral PrEP or vaginal microbicides. The use of lay counselors instead of nurses to deliver counseling appeared to be successful, but the counselors experienced significant stress from hearing about participants’ traumatic experiences and required emotional support to avoid burnout. Although staff and participants felt that having multiple intervention sessions over time was valuable, a similar level of intensity may not be feasible in other settings. Further research is needed to determine an intervention delivery mode and follow-up period that optimally balances participant needs and clinic resources. Male engagement was a challenge, as it has been in previous studies of vaginal microbicides. Alternative strategies to reach men that do not require them to come to the clinic or rely on their female partners may be more effective.

I hate being misunderstood. I guess we all do, but it goes with the territory. I use the word coloured, and he seems offended: 'We Brits don't say 'coloured'. It's regarded as patronising. We say black, if we say anything. And if we do it's for reasons of simple practicality. It doesn't matter. ' Of course, what he seems to be missing, is that the word coloured in South Africa now refers less to skin colour, and more to a distinct cultural group, with it's own language (a dialect of Afrikaans), food (of Malay origin), and music. To say black in this context would be inaccurate, and cause confusion. Danya and Kyla attend the Yeoville Community School, situated in a vibrant and culturally diverse suburb of Johannesburg. On returning from school one day Danya announces: 'We have to do something at school about our culture. What is our culture Daddy?'To which her father replies, 'Go and ask your mother.' 'Well…we're sort of New Age, sort of holistic…', Toni fumbles. A few days later… 'So what did you do in the end?' Soli asks. 'Oh, us and all the other coloured kids sang, Daar Kom die Alabama'1 says Kyla. It would seem that children want to know where they come from. 'I want you to divide yourself up into your different race groups', the facilitator says. We are in a Managing Diversity workshop, and he means the old South African race classification system, but of course he wants to see what we do with it. We end up with a group of Blacks (including three 'Asians'); an African group (including two 'Whites'); a White group (two); and the Human Race (two).'Why didn't you join the white group?' Thloki asks the Human Race.'I don't define myself by my race', I reply.'Ha! Wait till there's a war over resources' he laughs, 'then you'll quickly pick a side!' The postmodernist argument ensues: 'There is no such thing as race…all these arbitrary classifications…it's nothing but a social construct!''Well you never lived as a black person under apartheid. It was very real to me!'The facilitator aims to mediate/translate for the rest of us: 'Well yes, it is just a social construct. But one which had very real consequences for people.' 'Nobody goes into town anymore' a woman says. To which Har Bhajan replies, 'When I was last in town, there were lots of people there.' Of course, what she means is, hardly any white people go into town anymore. (And she's right about that.) But what is that, the way certain people become invisible, depending on who's looking? My friend Karima and I attend an Al Jarreau concert. Fairly expensive tickets, and almost the entire audience is black. I'm not sure why I'm quite so surprised. But this is Sandton, the richest formerly white suburb of Johannesburg. Perhaps working in the NGO sector I've missed how much things are actually changing… I wonder how many people in the audience have been into town lately. With the shift in power, and the -- albeit slow -- levelling of the playing field, now it is possible for white South Africans to be at the receiving end of racial discrimination too… I am visiting my cousin. He is 60, and a musician. But times are tough for him now. His brother was shot dead in his driveway while someone stole his car. And it's hard for him to find work. 'I am too white, now', he says. He is not bitter, just saddened. In his day he had probably the most famous jazz club in Johannesburg. Rumours it was called. 'The best little bootlegger in Bellevue' he called himself. He was known for breaking the law then. His club was racially integrated long before it was allowed. Controversial South African artist, Beezy Bailey, has an alter ego: 'The creation of Joyce was born of the frustration of 'increasingly prevalent affirmative action'. Bailey submitted two artworks for a triennial exhibition. One was with the traditional 'Beezy Bailey' signature (rejected) the other signed 'Joyce Ntobe'! The latter now enjoys an honoured place in the SA National Gallery as part of its permanent collection. When the curator of the SA National Gallery wanted to work on a paper about three black women artists, Joyce Ntobe being one, Bailey let the cat out the bag which caused a huge media 'scandale'.' (Carmel Art) I spent three months in London, and I realised how easy it is to be white there. Or rather, how easy it is to not be white. Of course, it 'doesn't matter' there, because it doesn't matter. It's easy to donate a monthly cheque to Worldvision, and read about the latest chaos in Zimbabwe in the free rag on the tube, and never have to look overwhelming poverty and disease in the face. But when you live on the African continent, you are very aware of being white. At the diversity workshop, I realise how white South Africans seem to get to take the rap here for the actions of white people on the planet. It's not just the effects of apartheid that black South Africans are angry about it seems, it's also the effects of the global economy, that cause the rich to become richer, and the poor to become poorer. Oh sure, that's not just an issue of race, but the poorest on our planet remain 'people of colour', and wealth remains concentrated in the West/North. I realise also that the Black and African groups at the workshop have one thing that they agree on quite strongly - the importance of making the African continent one's focus. Though the two of us in the Human Race group have both read Naomi Klein's No Logo -- and care about the effects on the poor of economic globalisation -- our sense of 'internationalism' is not viewed in a positive light, but seen rather as 'elitist'. * * * 'The thing about the Dutch' says Gary, 'is that they're pragmatic. They're not politically correct -- call the prostitutes prostitutes, not sex workers, but tax them, and give them health care. They have a strong human rights culture.' The Afrikaners are descendents of these transparent, curtainless Dutch. Sometimes I can see it. 'It is not words that make for bigotry, but attitudes', says columnist Ira Pilgrim. 'Some of the most bigoted people I have known always used the 'correct' words.'2 I am not politically correct. There are certain words I'd never use, and couldn't bring myself to, not out of political correctness, but because they're invested with hate. But words like 'whitey', darkie' and 'honky', where I sit, are terms of endearment. I'd never use them on strangers, but amongst friends, they're terms of affection and irony, because we're laughing at ourselves, and each other. 'It's hard to explain to anyone' Gary continues, 'what it's like living in a place where -- from the time you wake up in the morning, till you close your eyes at night -- every breath that you take is politicised.' Gary left the country because he didn't want to be conscripted to fight a war he didn't believe in. He's done well for himself in Europe. But he had to give up his homeland. I catch a 'Zola', the mini-bus taxi named after South Africa's barefoot runner Zola Budd, probably most famous for inadvertently tripping Mary Decker at the 1984 Olympics (Finnegan). Zola was little and fast, like the taxi's that 'zip, zip, zip' -- often to the infuriation of other motorists -- hence the affectionate nickname. They're the peril of the road, but the saviour of the immobile masses, with their unique language and hand signals. I overhear bits of Zulu conversation, including 'Brooke…Ridge…Thorne.' Our soaps, too, are politicised. It would seem that even black South Africans watch The Bold and the Beautiful for light relief. Usually I am the only whitey here, but accepted as just another carless commuter moving from A to B. Despite the safety risks of bad driving, I enjoy it. I did a Zulu course a few years ago. I didn't learn much Zulu -- discovered I don't have the tongue or an ear for African languages -- but I learnt a lot from the course nevertheless. 'Tell us about an experience that you've had, that was a result of cultural misunderstandings' says the facilitator. 'I spent much of my first year at University hungry' says Nhlanhla. 'My white friends would offer me food when I was visiting, but I would refuse, because in our culture, if you ask you don't really want to give. We just hand you a plate.' Nombulelo tells of the time she went on a yoga retreat. She was confused when she started to undress openly in the dormitory, and got disapproving looks from the other women. 'Why?' she wondered, 'we are all women together?' But these were Hindu women, whose sense of modesty was different from the openness of African women. For the whiteys, the major confusion seems to come from the issue of timekeeping. 'African time' is often referred to. Though in London, I did hear talk of 'Caribbean time'. Perhaps the concept of being on time is a particularly Western one (Makhale-Mahlangu). We are visiting friends of friends. There's an unlikely combination at the dinner table. She is tall and dark. I am short and fair. 'So where do you two know each other from?' Cairo asks. 'I'm Andie's sister', Kim replies. She reads the dumbfoundedness in Cairo's face. 'What can I say…my line got a bit deviated!' she laughs. She has my father's sense of humour. So have I. I ask my father, when he first became aware of racial prejudice. 'I was about six years old', he says. 'I threw my ball out of the school grounds, and called to the black man outside: 'Boy, please would you throw my ball back to me?' And the man replied: 'I am not a boy. I am old enough to be your grandfather.'' I am thinking about the time in our lives before we become aware of race… A friend tells me a story about how her six-year-old daughter came home from school and asked, 'Mommy, what's a [racist-term-not-to-be-repeated]?' She'd been called that. The late Lenny Bruce, controversial American comedian and social critic in the sixties, argued that it is 'the word that gives it the power of violence'3, and if we used 'the words' colloquially often enough, and began to invest them with new meanings, they would lose their power to hurt us. I am about to board a bus…'Woza (come) Mama', says the driver. 'Uyaphi?' (Where are you going?) '…green green, I'm going away to where the grass is greener still', come the Reggae sounds from his radio. We are discussing whether we should be focusing on our sameness or our differences. 'Of course we all want the same things…a home, a job, an education for our children', says Karima, but it's our differences that make us interesting.' I agree. Notes 1 Daar Kom die Alabama (Here Comes the Alabama) is a traditional 'Cape Coloured' song, originally sung in tribute to the Alabama, a confederate ship that docked in Cape Town in 1863. On board were Al Jolson-esque (Burlesque) performers, whom the slaves admired, and they imitated their style of performance. This tradition continues still today with the 'Coon Carnival' held on New Years Day and 'Tweede Nuwe Jaar' (Second New Year). It is said that the custom of Tweede Nuwe Jaar originated as a holiday for the slaves, who were too busy attending to their masters' needs on the first. For more information on the Coon Carnival, see http://www.iias.nl/host/ccrss/cp/cp3/cp3-__171___.html. 2 While the author makes some important general points about the drawbacks of political correctness, his reference to South Africa (including the correction) are in fact incorrect. The apartheid government had four major 'population groups' in it's classification system: African (black), Coloured, Asian and White. (The term black was used then only informally.) These were then sub-divided into other categories. See http://www.csvr.org.za/race.htm for further details. 3 The relevant extract from Julian Barry's 1971 play Lenny, can be found at http://www.abc.net.au/rn/talks/8.30/relrpt/stories/s271585.htm. References Barry, Julian. Lenny. Random House, 1971. http://www.freenetpages.co.uk/hp/lennybruce/ Downloaded 14 April 2002. Carmel Art Galleries. Beezy Bailey Curriculum Vitae, at http://www.carmelart.co.za/site/cvbb.htm Downloaded 14 April 2002. Finnegan, Mark. 'The 10 worst mishaps in the history of sport.' Observer Sport Monthly 5 November (2000). http://www.observer.co.uk/osm/story/0,69... Downloaded 14 April 2002. Klein, Naomi. No Logo: Taking Aim at the Brand Bullies. USA: Picador, 2000. http://www.nologo.org/ Downloaded 14 April 2002. Makhale-Mahlangu, Palesa. 'Reflections on Trauma Counselling Methods.' Seminar presented at the Centre for the Study of Violence and Reconciliation, Johannesburg, 31 July 1996. http://www.csvr.org.za/articles/artpales.htm Downloaded 14 April 2002. Martin, Denis-Constant. 'The Famous Invincible Darkies Cape Town's Coon Carnival: Aesthetic Transformation, Collective Representations and Social Meanings', 1998. http://www.iias.nl/host/ccrss/cp/cp3/cp3-__171___.html Downloaded 14 April 2002. Pilgrim, Ira. 'Kikes, Niggers, Queers, Scotchmen and Chinamen', Mendocino County Observer, 22 March (1990). http://www.mcn.org/c/irapilgrim/race02.html Downloaded 14 April 2002. Transfer of African Language Knowledge (TALK). http://www.icon.co.za/~sadiverse/about.htm Downloaded 14 April 2002. Andie Miller was born, and spent the first 23 years of her life at the Southern-most tip of the African continent, in Cape Town. She currently works as webmaster for the Centre for the Study of Violence and Reconciliation, and the National Development Agency in Johannesburg, South Africa. Links http://www.observer.co.uk/osm/story/0 http://www.iias.nl/host/ccrss/cp/cp3/cp3-__171___.html http://www.carmelart.co.za/site/cvbb.htm http://www.csvr.org.za/ http://www.abc.net.au/rn/talks/8.30/relrpt/stories/s271585.htm http://www.csvr.org.za/articles/artpales.htm http://www.nologo.org/ http://www.mcn.org/c/irapilgrim/race02.html http://www.freenetpages.co.uk/hp/lennybruce/ http://www.icon.co.za/~sadiverse/about.htm http://www.csvr.org.za/race.htm http://www.nda.org.za/ Citation reference for this article MLA Style Miller, Andie. "Multiculturalism and Shades of Meaning in the New South Africa" M/C: A Journal of Media and Culture 5.3 (2002). [your date of access] < http://www.media-culture.org.au/0207/shadesofmeaning.php>. Chicago Style Miller, Andie, "Multiculturalism and Shades of Meaning in the New South Africa" M/C: A Journal of Media and Culture 5, no. 3 (2002), < http://www.media-culture.org.au/0207/shadesofmeaning.php> ([your date of access]). APA Style Miller, Andie. (2002) Multiculturalism and Shades of Meaning in the New South Africa. M/C: A Journal of Media and Culture 5(3). < http://www.media-culture.org.au/0207/shadesofmeaning.php> ([your date of access]).

The history of South Africa is an unpleasant one. It was a society based on racial segregation with the promotion of Afrikaner culture and the Afrikaans language above all other languages. This can be traced to the architect of apartheid, the Afrikaner National Party, which introduced apartheid. Afrikaans-speaking people, through the Afrikaner National Party, dominated South Africa politically. Their language too, was promoted above all other languages. For example, Afrikaans enjoyed more privileges than other languages in that it was used for drafting laws, as the language of record in the courts and was also the only compulsory subject for learning. The apartheid government, through its racial policies, used the Afrikaans language as a tool to control Black South Africans in almost all spheres of life, including education, which had to be undertaken in Afrikaans. It is therefore no surprise that there were five universities that offered education mainly in Afrikaans. These are Stellenbosch University, University of the Free State, University of Pretoria, Potchefstroom University for Christian Higher Education (now North-West University) and Randse Afrikaanse Universiteit (now University of Johannesburg). The use of the Afrikaans language as an instrument for social control was not sustainable. The new constitutional dispensation ushered in an era wherein respect for fundamental human rights and freedoms is at the top of the South African agenda. The right to further education is constitutionally recognised in section 29(1)(b) of the Constitution of the Republic of South Africa, 1996. Section 29(2) of the Constitution further recognises and embraces the diversity of South African society and provides that “everyone has the right to receive education in the official language or languages of their choice in public education institutions where that education is reasonably practicable” (s 29(b) of the Constitution). The State has an obligation to take reasonable measures on a progressive basis to ensure that further education is available and accessible (s 29(1)(b) of the Constitution). In ensuring “effective access to and implementation” of the right to further education, It is notable that, in its endeavour to make further education available and accessible, the State is required to consider several factors such as language policies. In an effort to facilitate the realisation of the right to further education, the Higher Education Act (101 of 1997) was enacted in order inter alia to “redress past discrimination and ensure representivity and equal access to higher education institutions” (preamble to the Act).In the UFS case (CC), the Constitutional Court applied section 29(1)(b) of the Constitution, which provides for the right to further education and the “right to receive education in the official language or languages of [one’s] choice”. This note centres on this decision and seeks to critically discuss and analyse both the majority and minority decisions of the Constitutional Court. The question presented is whether the Constitutional Court has given the public a solution to the issue surrounding the use of either Afrikaans or English as a language medium of instruction in the higher education sector and what the effect of this has been on the development of other languages. The case note is divided into five sections. The facts of the case, the issues put before the court for consideration and the finding of the court are discussed in part 2. Part 3 contains an analysis of the minority and majority judgments. Part 4 considers whether the court has given us any solutions. Part 5 sets out the authors’ recommendations and their conclusions.

The South African Truth and Reconciliation Commission (TRC) commenced in 1996, providing high hopes to those concerned with change and redress. By many it was seen as the first stage in the reconciliation process. Former General Secretary of the South African Council of Churches, Reverend Frank Chikane, himself a victim of attempted murder when poisoned with nerve gas, likened the role of the TRC in the disclosure and forgiveness process to the confessional, and suggested that "there can be no absolution without confession." However, Methodist bishop and long-time apartheid activist Peter Storey cautioned that "One of our problems is that we’re trying to find a legal framework for what is essentially a spiritual and psychological process." "The Promotion of National Unity and Reconciliation Act, No 34 of 1995" states that "amnesty shall be granted in respect of acts, omissions and offences associated with political objectives committed in the course of the conflicts of the past", on the basis of full disclosure. The hearings are over, the committees nearing completion, and on 29 October 1998, the Final Report of the TRC was handed to President Nelson Mandela. Now we have five neatly bound volumes, but how much has changed in the lives of those who have suffered gross human rights violations at the hands of the perpetrators? Some want retribution and will not rest until those who have tortured, abducted or murdered their loved ones or themselves have been tried and convicted. Others just want to bury their loved ones, along with "this shameful chapter of our history." Decisions on who will be granted amnesty linger since the hearings closed. Gillian Slovo, daughter of the late South African Communist Party leader, Joe Slovo, and his wife Ruth First, is one of those who is unwilling to let things rest. Her mother was killed by a letter bomb allegedly intended for Joe Slovo in 1982. She comments on the amnesty hearing of her mother’s killer, former student spy Craig Williamson: "We remembered the incredulity on the faces of the members of the committee when [Williamson] told the committee how he had looked at the intercepted envelope and seen the address, the postal mark and the logo, but not the name of the addressee." The Slovo family has now filed an application in the Cape High Court to set aside the amnesty accorded Williamson, whose testimony seemed contradictory, and not to meet the requirements of full disclosure. And what of reparations to the victims of these human rights violations? An initial payment of R30 million rand (approximately $US 3, 844, 000) was made. People who were part of the ‘urgent interim reparations’ payment received in the region of R2000 rands (approximately $US 250). In the case of those who have lost a loved one, says Duma Khumalo, a founding member of the Khulumani (Speak Out!) Support Group, and himself granted a stay of execution just 15 hours before he was to be hanged for a crime he did not commit, this has the effect of "the victims selling their dead." The government now wrangles over whether further payments will be made, urging business to engage in reparations payments, with business declining to do so on the grounds that it is the role of the state. In the meantime, the suffering of victims seems to have become something of a political football. Where does this leave us on the issue of forgiveness? There are two equally important parts to the issue of ‘sorry’: ‘I am sorry’, and ‘I hear that you are sorry, and I forgive you.’ Many South Africans feel that insult has been added to injury, because an assumption seems to have been made by some perpetrators that, having apologised, they must naturally be forgiven. This is at worst arrogant, and at best naïve. As anyone who has been through any kind of act of betrayal can attest, the healing process and forgiveness, take time. As Clarissa Pinkola Estes wrote in Women Who Run With the Wolves, forgiveness is not "a singular act to be completed in one sitting", but has "many layers, many seasons." For many the concept of ‘re’-conciliation is inappropriate, as this suggests a restoration of positive relations that existed in the past. However, for all but the youngest generation of South Africans, division and/or discrimination is all that they’ve known. To some, conciliation seems more appropriate. Others see reconciliation as a personal process and journey of coming to terms with a painful history, and reconciling only within oneself. Still others have abandoned the idea of reconciliation and aim instead for resolution. As Gavin Harrison says, "Sometimes things are also resolved when a situation is clearly comprehended, when all personal work relating to the situation is done, and you realise that, for whatever reason, full reconciliation is just not possible right now." The mainstream media has become noticeably quiet in recent months on the issue of reparations. It would seem that after extensive coverage of the hearings, and then of the tensions between government and the TRC, they too have become burnt out. What has captured their attention, however, and the attention of the public at large, is the controversial Declaration of Commitment by White South Africans, initiated by apartheid activist Carl Niehaus and others. Sociology lecturer at the University of the Witwatersrand, Eddie Webster observes ironically that "it seems as if the signatories are largely drawn (with the puzzling exception of the South African rugby team) from prominent anti-apartheid figures." Quite absent from the signatories is the "white leader who will say, ‘We had an evil system with awful consequences. Please forgive us’" for whom Bishop Tutu had wished in his Forward to the Truth and Reconciliation Commission Final Report. The absence of such a leader, says Tutu now, remains his biggest regret. (It should also be noted that a number of black South Africans chose to sign the declaration in support of the initiative.) Possibly the best we can hope for are more people like Wilhelm Verwoerd, grandson of the architect of apartheid, Hendrik Verwoerd, whose openness about his own painful personal revolution can provide us with inspiration. Verwoerd reminds us that: "As a beneficiary [of apartheid] I thus tend to take for granted my good education, my ownership of a house in town and my access to a family holiday home near the beach, my inheritance from parents, my relatively high income and low risk of unemployment. While individual effort and skill must be acknowledged, it is important to unmask a false, overconfident sense of entitlement, to help white South Africans see how much of what we have is built on unfair, systematic privileging." Perhaps he can symbolise for us that hope lies not in the ‘New South Africa’, but in the new generation of South Africans, committed to change, and not waiting for government or big business to ‘do it for us.’ There are ever-increasing television documentaries about ordinary South Africans, black and white, "who never made a proclamation or held an office, but were handed a place [in South Africa] and are quietly making a life out of it" (Dietz). Such people seem often the strangest of bedfellows, stumbling around in the dark together and finding creative solutions to apparently insurmountable problems. Not politicians or academics, just ordinary people, with the ability to say ‘I am sorry, I will try to make amends.’ Equally important is the ability to say, ‘I recognise that you are sorry, and I will give you another chance.’ This, not the 1994 first democratic election, is the real miracle of South Africa. References Centre for the Study of Violence and Reconciliation and Khulumani Support Group. "Submission to the Truth and Reconciliation Commission: Survivors’ Perceptions of the Truth and Reconciliation Commission and Suggestions for the Final Report." 1998. http://www.csvr.org.za/papers/papkhul.htm Downloaded 22 January 2001. Chikane, Frank. "The Role of Truth Commissions in the Process of Reconciliation in South Africa." Seminar presented at the Centre for the Study of Violence and Reconciliation, 1 June 1994. Cronin, Jeremy. "Sorry Can Help, But on Its Own Its Not Enough." Mail and Guardian 12 January (2001). http://www.sn.apc.org/wmail/issues/010112/OTHER50.html Downloaded 22 January 2001. Daniels, Glenda. "Superspy’s Pardon Challenged." Mail and Guardian 15 December (2000).http://www.mg.co.za/mg/za/archive/2000dec/features/15dec-craig.html Downloaded 22 January 2001. "Declaration of Commitment by White South Africans." http://www.homeforall.org.za/ENG/declarationENG.htm Downloaded 22 January 2001. Dietz, Steven. "Lonely Planet: Preface." Dramatist’s Play Service, 1994. http://sunsite.wits.ac.za/holistic/loneplan.htm Downloaded 22 January 2001. Estes, Clarissa Pinkola. Women Who Run With the Wolves. London: Rider, 1992. Friedman, Steven. "Too Afraid To Leave the Laagers." Mail and Guardian 5 January (2001). http://www.mg.co.za/mg/za/features/friedman/010105-friedman.html Downloaded 22 January 2001. Harrisson, Gavin. In the Lap of the Buddha. Boston, MA: Shambhala, 1994. Khumalo, Duma. Personal communication. 6 February 2001. "Mad Scientists": South Africa’s Chemical and Biological Warfare Projects. http://www.geocities.com/project_coast/index.html Downloaded 22 January 2001. Miller, Andie. "A Time To Remember." Odyssey 19.4 (1995). http://www.csvr.org.za/articles/artrcod.htm Downloaded 22 January 2001. Powell, Ivor. "Where have all the apartheid bastards gone?" Mail and Guardian, 21 June (2000). http://www.mg.co.za/mg/news/2000jun2/21jun-bastards.html Downloaded 22 January 2001. Promotion of National Unity and Reconciliation Act, No. 34 of 1995. http://www.truth.org.za/legal/index.htm Downloaded 22 January 2001. Reparations Update, June 2000. http://www.reconciliation.org.za/cgi.pl?&page=http://www.reconciliation.org.za/repare/jun00.htm Downloaded 22 January 2001. Slovo, Gillian. Red Dust. London: Virago P, 2000. Storey, Peter. "Reconciliation and Civil Society." Making Ends Meet: Reconciliation and Reconstruction in South Africa (Centre for the Study of Violence and Reconciliation conference), World Trade Centre, Johannesburg, 18 August 1994. http://www.csvr.org.za/papers/papstory.htm Downloaded 22 January 2001. Truth and Reconciliation Commission Final Report, 29 October 1998. http://www.struth.org.za/index.pl?&file=report/index.htm Downloaded 22 January 2001. Truth and Reconciliation Commission Special Hearings on Prisons: Duma Khumalo, 22 July 1997. http://www.truth.org.za/special/prison/khumalo.htm Downloaded 22 January 2001. Verwoerd, Wilhelm. My Winds of Change. New York: Raven Press, 1998. ---. "The TRC and Apartheid Beneficiaries in a New Dispensation." Lecture delivered at "Politics and Promises: Evaluating the Implementation of the TRC’s Recommendations" conference, Centre for the Study of Violence and Reconciliation, Johannesburg, 27 October 2000. http://www.csvr.org.za/articles/artrcver.htm Downloaded 22 January 2001. Webster, Eddie. "It’s Too Late for Symbolic Gestures." Mail and Guardian, 12 January 2001. http://www.sn.apc.org/wmail/issues/010112/OTHER49.html Downloaded 22 January 2001.

This paper argues that artist Dope Saint Jude is transforming South African hip-hop by queering a genre that has predominantly been male and heteronormative. Specifically, I analyse the opening skit of her music video “Keep in Touch” in order to unpack the ways which she revives Gayle, a gay language that adopted double-coded forms of speech during the apartheid era—a context in which homosexuals were criminalised. The use of Gayle and spaces close to the city centre of Cape Town (such as Salt River and Woodstock) speaks to the city as it was before it was transformed by the decline of industries due to the country’s adoption of neoliberal economics and, more recently, by the gentrification of these spaces. Dope Saint Jude therefore reclaims these city spaces through her use of gay modes of speech that have a long history in Cape Town and by positioning her work as hip-hop, which has been popular in the city for well over two decades. Her inclusion of transgender MC and DJ Angel Ho pushes the boundaries of hegemonic and binary conceptions of gender identity even further. In essence, Dope Saint Jude is transforming local hip-hop in a context that is shaped significantly by US cultural imperialism. The artist is also transforming our perspective of spaces that have been altered by neoliberal economics.Setting the SceneDope Saint Jude (DSJ) is a queer MC from Elsies River, a working class township located on Cape Town's Cape Flats in South Africa. Elsies River was defined as a “coloured” neighbourhood under the apartheid state's Group Areas Act, which segregated South Africans racially. With the aid of the Population Registration Act, citizens were classified, not merely along the lines of white, Asian, or black—black subjects were also divided into further categories. The apartheid state also distinguished between black and “coloured” subjects. Michael MacDonald contends that segregation “ordained blacks to be inferior to whites; apartheid cast them to be indelibly different” (11). Apartheid declared “African claims in South Africa to be inferior to white claims” and effectively claimed that black subjects “belonged elsewhere, in societies of their own, because their race was different” (ibid). The term “coloured” defined people as “mixed race” to separate communities that might otherwise have identified as black in the broad and inclusive sense (Erasmus 16). Racial categorisation was used to create a racial hierarchy with white subjects at the top of that hierarchy and those classified as black receiving the least resources and benefits. This frustrated attempts to establish broad alliances of black struggles against apartheid. It is in this sense that race is socially and politically constructed and continues to have currency, despite the fact that biologically essentialist understandings of race have been discredited (Yudell 13–14). Thanks to apartheid town planning and resource allocation, many townships on the Cape Flats were poverty-stricken and plagued by gang violence (Salo 363). This continues to be the case because post-apartheid South Africa's embrace of neoliberal economics failed to address racialised class inequalities significantly (Haupt, Static 6–8). This is the '90s context in which socially conscious hip-hop crews, such as Prophets of da City or Black Noise, came together. They drew inspiration from Black Consciousness philosophy via their exposure to US hip-hop crews such as Public Enemy in order to challenge apartheid policies, including their racial interpellation as “coloured” as distinct from the more inclusive category, black (Haupt, “Black Thing” 178). Prophets of da City—whose co-founding member, Shaheen Ariefdien, also lived in Elsies River—was the first South African hip-hop outfit to record an album. Whilst much of their work was performed in English, they quickly transformed the genre by rapping in non-standard varieties of Afrikaans and by including MCs who rap in African languages (ibid). They therefore succeeded in addressing key issues related to race, language, and class disparities in relation to South Africa's transition to democracy (Haupt, “Black Thing”; Haupt, Stealing Empire). However, as is the case with mainstream US hip-hop, specifically gangsta rap (Clay 149), South African hip-hop has been largely dominated by heterosexual men. This includes the more commercial hip-hop scene, which is largely perceived to be located in Johannesburg, where male MCs like AKA and Cassper Nyovest became celebrities. However, certain female MCs have claimed the genre, notably EJ von Lyrik and Burni Aman who are formerly of Godessa, the first female hip-hop crew to record and perform locally and internationally (Haupt, Stealing Empire 166; Haupt, “Can a Woman in Hip-Hop”). DSJ therefore presents the exception to a largely heteronormative and male-dominated South African music industry and hip-hop scene as she transforms it with her queer politics. While queer hip-hop is not new in the US (Pabón and Smalls), this is new territory for South Africa. Writing about the US MC Jean Grae in the context of a “male-dominated music industry and genre,” Shanté Paradigm Smalls contends,Heteronormativity blocks the materiality of the experiences of Black people. Yet, many Black people strive for a heteronormative effect if not “reality”. In hip hop, there is a particular emphasis on maintaining the rigidity of categories, even if those categories fail [sic]. (87) DSJ challenges these rigid categories. Keep in TouchDSJ's most visible entry onto the media landscape to date has been her appearance in an H&M recycling campaign with British Sri Lankan artist MIA (H&M), some fashion shoots, her new EP—Reimagine (Dope Saint Jude)—and recent Finnish, US and French tours as well as her YouTube channel, which features her music videos. As the characters’ theatrical costumes suggest, “Keep in Touch” is possibly the most camp and playful music video she has produced. It commences somewhat comically with Dope Saint Jude walking down Salt River main road to a public telephone, where she and a young woman in pig tails exchange dirty looks. Salt River is located at the foot of Devil's Peak not far from Cape Town's CBD. Many factories were located there, but the area is also surrounded by low-income housing, which was designated a “coloured” area under apartheid. After apartheid, neighbourhoods such as Salt River, Woodstock, and the Bo-Kaap became increasingly gentrified and, instead of becoming more inclusive, many parts of Cape Town continued to be influenced by policies that enable racialised inequalities. Dope Saint Jude calls Angel Ho: DSJ: Awêh, Angie! Yoh, you must check this kak sturvy girl here by the pay phone. [Turns to the girl, who walks away as she bursts a chewing gum bubble.] Ja, you better keep in touch. Anyway, listen here, what are you wys?Angel Ho: Ah, just at the salon getting my hair did. What's good? DSJ: Wanna catch on kak today?Angel Ho: Yes, honey. But, first, let me Gayle you this. By the jol by the art gallery, this Wendy, nuh. This Wendy tapped me on the shoulder and wys me, “This is a place of decorum.”DSJ: What did she wys?Angel Ho: De-corum. She basically told me this is not your house. DSJ: I know you told that girl to keep in touch!Angel Ho: Yes, Mama! I'm Paula, I told that bitch, “Keep in touch!” [Points index finger in the air.](Saint Jude, Dope, “Keep in Touch”)Angel Ho's name is a play on the male name Angelo and refers to the trope of the ho (whore) in gangsta rap lyrics and in music videos that present objectified women as secondary to male, heterosexual narratives (Sharpley-Whiting 23; Collins 27). The queering of Angelo, along with Angel Ho’s non-binary styling in terms of hair, make-up, and attire, appropriates a heterosexist, sexualised stereotype of women in order to create room for a gender identity that operates beyond heteronormative male-female binaries. Angel Ho’s location in a hair salon also speaks to stereotypical associations of salons with women and gay subjects. In a discussion of gender stereotypes about hair salons, Kristen Barber argues that beauty work has traditionally been “associated with women and with gay men” and that “the body beautiful has been tightly linked to the concept of femininity” (455–56). During the telephonic exchange, Angel Ho and Dope Saint Jude code-switch between standard and non-standard varieties of English and Afrikaans, as the opening appellation, “Awêh,” suggests. In this context, the term is a friendly greeting, which intimates solidarity. “Sturvy” means pretentious, whilst “kak” means shit, but here it is used to qualify “sturvy” and means that the girl at the pay phone is very pretentious or “full of airs.” To be “wys” means to be wise, but it can also mean that you are showing someone something or educating them. The meanings of these terms shift, depending on the context. The language practices in this skit are in line with the work of earlier hip-hop crews, such as Prophets of da City and Brasse vannie Kaap, to validate black, multilingual forms of speech and expression that challenge the linguistic imperialism of standard English and Afrikaans in South Africa, which has eleven official languages (Haupt, “Black Thing”; Haupt, Stealing Empire; Williams). Henry Louis Gates’s research on African American speech varieties and literary practices emerging from the repressive context of slavery is essential to understanding hip-hop’s language politics. Hip-hop artists' multilingual wordplay creates parallel discursive universes that operate both on the syntagmatic axis of meaning-making and the paradigmatic axis (Gates 49; Haupt, “Stealing Empire” 76–77). Historically, these discursive universes were those of the slave masters and the slaves, respectively. While white hegemonic meanings are produced on the syntagmatic axis (which is ordered and linear), black modes of speech as seen in hip-hop word play operate on the paradigmatic axis, which is connotative and non-linear (ibid). Distinguishing between Signifyin(g) / Signification (upper case, meaning black expression) and signification (lower case, meaning white dominant expression), he argues that “the signifier ‘Signification’ has remained identical in spelling to its white counterpart to demonstrate [. . .] that a simultaneous, but negated, parallel discursive (ontological, political) universe exists within the larger white discursive universe” (Gates 49). The meanings of terms and expressions can change, depending on the context and manner in which they are used. It is therefore the shared experiences of speech communities (such as slavery or racist/sexist oppression) that determine the negotiated meanings of certain forms of expression. Gayle as a Parallel Discursive UniverseDSJ and Angel Ho's performance of Gayle takes these linguistic practices further. Viewers are offered points of entry into Gayle via the music video’s subtitles. We learn that Wendy is code for a white person and that to keep in touch means exactly the opposite. Saint Jude explains that Gayle is a very fun queer language that was used to kind of mask what people were saying [. . .] It hides meanings and it makes use of women's names [. . . .] But the thing about Gayle is it's constantly changing [. . .] So everywhere you go, you kind of have to pick it up according to the context that you're in. (Ovens, Saint Jude and Haupt)According to Kathryn Luyt, “Gayle originated as Moffietaal [gay language] in the coloured gay drag culture of the Western Cape as a form of slang amongst Afrikaans-speakers which over time, grew into a stylect used by gay English and Afrikaans-speakers across South Africa” (Luyt 8; Cage 4). Given that the apartheid state criminalised homosexuals, Gayle was coded to evade detection and to seek out other members of this speech community (Luyt 8). Luyt qualifies the term “language” by arguing, “The term ‘language’ here, is used not as a constructed language with its own grammar, syntax, morphology and phonology, but in the same way as linguists would discuss women’s language, as a way of speaking, a kind of sociolect” (Luyt 8; Cage 1). However, the double-coded nature of Gayle allows one to think of it as creating a parallel discursive universe as Gates describes it (49). Whereas African American and Cape Flats discursive practices function parallel to white, hegemonic discourses, gay modes of speech run parallel to heteronormative communication. Exclusion and MicroaggressionsThe skit brings both discursive practices into play by creating room for one to consider that DSJ queers a male-dominated genre that is shaped by US cultural imperialism (Haupt, Stealing Empire 166) as a way of speaking back to intersectional forms of marginalisation (Crenshaw 1244), which are created by “white supremacist capitalist patriarchy” (hooks 116). This is significant in South Africa where “curative rape” of lesbians and other forms of homophobic violence are prominent (cf. Gqola; Hames; Msibi). Angel Ho's anecdote conveys a sense of the extent to which black individuals are subject to scrutiny. Ho's interpretation of the claim that the gallery “is a place of decorum” is correct: it is not Ho's house. Black queer subjects are not meant to feel at home or feel a sense of ownership. This functions as a racial microaggression: “subtle insults (verbal, nonverbal, and/or visual) directed toward people of color, often automatically or unconsciously” (Solorzano, Ceja, and Yosso 60). This speaks to DSJ's use of Salt River, Woodstock, and Bo-Kaap for the music video, which features black queer bodies in performance—all of these spaces are being gentrified, effectively pushing working class people of colour out of the city (cf. Didier, Morange, and Peyroux; Lemanski). Gustav Visser explains that gentrification has come to mean a unit-by-unit acquisition of housing which replaces low-income residents with high-income residents, and which occurs independent of the structural condition, architecture, tenure or original cost level of the housing (although it is usually renovated for or by the new occupiers). (81–82) In South Africa this inequity plays out along racial lines because its neoliberal economic policies created a small black elite without improving the lives of the black working class. Instead, the “new African bourgeoisie, because it shares racial identities with the bulk of the poor and class interests with white economic elites, is in position to mediate the reinforcing cleavages between rich whites and poor blacks without having to make more radical changes” (MacDonald 158). In a news article about a working class Salt River family of colour’s battle against an eviction, Christine Hogg explains, “Gentrification often means the poor are displaced as the rich move in or buildings are upgraded by new businesses. In Woodstock and Salt River both are happening at a pace.” Angel Ho’s anecdote, as told from a Woodstock hair salon, conveys a sense of what Woodstock’s transformation from a coloured, working class Group Area to an upmarket, trendy, and arty space would mean for people of colour, including black, queer subjects. One could argue that this reading of the video is undermined by DSJ’s work with global brand H&M. Was she was snared by neoliberal economics? Perhaps, but one response is that the seeds of any subculture’s commercial co-option lie in the fact it speaks through commodities (for example clothing, make-up, CDs, vinyl, or iTunes / mp3 downloads (Hebdige 95; Haupt, Stealing Empire 144–45). Subcultures have a window period in which to challenge hegemonic ideologies before they are delegitimated or commercially co-opted. Hardt and Negri contend that the means that extend the reach of corporate globalisation could be used to challenge it from within it (44–46; Haupt, Stealing Empire 26). DSJ utilises her H&M work, social media, the hip-hop genre, and international networks to exploit that window period to help mainstream black queer identity politics.ConclusionDSJ speaks back to processes of exclusion from the city, which was transformed by apartheid and, more recently, gentrification, by claiming it as a creative and playful space for queer subjects of colour. She uses Gayle to lay claim to the city as it has a long history in Cape Town. In fact, she says that she is not reviving Gayle, but is simply “putting it on a bigger platform” (Ovens, Saint Jude, and Haupt). The use of subtitles in the video suggests that she wants to mainstream queer identity politics. Saint Jude also transforms hip-hop heteronormativity by queering the genre and by locating her work within the history of Cape hip-hop’s multilingual wordplay. ReferencesBarber, Kristin. “The Well-Coiffed Man: Class, Race, and Heterosexual Masculinity in the Hair Salon.” Gender and Society 22.4 (2008): 455–76.Cage, Ken. “An Investigation into the Form and Function of Language Used by Gay Men in South Africa.” Rand Afrikaans University: MA thesis, 1999.Clay, Andreana. “‘I Used to Be Scared of the Dick’: Queer Women of Color and Hip-Hop Masculinity.” Home Girls Make Some Noise: Hip Hop Feminism Anthology. Ed. Gwendolyn D. Pough, Elain Richardson, Aisha Durham, and Rachel Raimist. California: Sojourns, 2007.Collins, Patricia Hill. Black Sexual Politics: African Americans, Gender, and the New Racism. New York: Routledge, 2005. Crenshaw, Kimberle. “Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color”. Stanford Law Review 43.6 (1991): 1241–299.Didier, Sophie, Marianne Morange, and Elisabeth Peyroux. “The Adaptative Nature of Neoliberalism at the Local Scale: Fifteen Years of City Improvement Districts in Cape Town and Johannesburg.” Antipode 45.1 (2012): 121–39.Erasmus, Zimitri. “Introduction.” Coloured by History, Shaped by Place. Ed. Zimitri Erasmus. Cape Town: Kwela Books & SA History Online, 2001. Gates, Henry Louis. The Signifying Monkey: A Theory of Afro-American Literary Criticism. Oxford: Oxford UP, 1988.Gqola, Pumla Dineo. Rape: A South African Nightmare. Johannesburg: Jacana, 2015.Hames, Mary. “Violence against Black Lesbians: Minding Our Language.” Agenda 25.4 (2011): 87–91.Hardt, Michael, and Antonio Negri. Empire. London: Harvard UP, 2000.Haupt, Adam. “Can a Woman in Hip Hop Speak on Her Own Terms?” Africa Is a Country. 23 Mar. 2015. <http://africasacountry.com/2015/03/the-double-consciousness-of-burni-aman-can-a-woman-in-hip-hop-speak-on-her-own-terms/>.Haupt, Adam. Static: Race & Representation in Post-Apartheid Music, Media & Film. Cape Town: HSRC Press, 2012. Haupt, Adam. Stealing Empire: P2P, Intellectual Property and Hip-Hop Subversion. Cape Town: HSRC Press, 2008. Haupt, Adam. “Black Thing: Hip-Hop Nationalism, ‘Race’ and Gender in Prophets of da City and Brasse vannie Kaap.” Coloured by History, Shaped by Place. Ed. Zimitri Erasmus. Cape Town: Kwela Books & SA History Online, 2001. Hebdige, Dick. Subculture: The Meaning of Style. London: Routledge, 1979.Hogg, Christine. “In Salt River Gentrification Often Means Eviction: Family Set to Lose Their Home of 11 Years.” Ground Up. 15 June 2016. <http://www.groundup.org.za/article/salt-river-gentrification-often-means-eviction/>.hooks, bell. Outlaw: Culture: Resisting Representations. New York: Routledge, 1994.Lemanski, Charlotte. “Hybrid Gentrification in South Africa: Theorising across Southern and Northern Cities.” Urban Studies 51.14 (2014): 2943–60.Luyt, Kathryn. “Gay Language in Cape Town: A Study of Gayle – Attitudes, History and Usage.” University of Cape Town: MA thesis, 2014.MacDonald, Michael. Why Race Matters in South Africa. University of Kwazulu-Natal Press: Scottsville, 2006.Msibi, Thabo. “Not Crossing the Line: Masculinities and Homophobic Violence in South Africa”. Agenda. 23.80 (2009): 50–54.Pabón, Jessica N., and Shanté Paradigm Smalls. “Critical Intimacies: Hip Hop as Queer Feminist Pedagogy.” Women & Performance: A Journal of Feminist Theory (2014): 1–7.Salo, Elaine. “Negotiating Gender and Personhood in the New South Africa: Adolescent Women and Gangsters in Manenberg Township on the Cape Flats.” Journal of European Cultural Studies 6.3 (2003): 345–65.Solórzano, Daniel, Miguel Ceja, and Tara Yosso. “Critical Race Theory, Racial Microaggressions, and Campus Racial Climate: The Experiences of African American College Students.” Journal of Negro Education 69.1/2 (2000): 60–73.Sharpley-Whiting, T. Denean. Pimps Up, Ho’s Down: Hip Hop’s Hold on Young Black Women. New York: New York UP, 2007.Smalls, Shanté Paradigm. “‘The Rain Comes Down’: Jean Grae and Hip Hop Heteronormativity.” American Behavioral Scientist 55.1 (2011): 86–95.Visser, Gustav. “Gentrification: Prospects for Urban South African Society?” Acta Academica Supplementum 1 (2003): 79–104.Williams, Quentin E. “Youth Multilingualism in South Africa’s Hip-Hop Culture: a Metapragmatic Analysis.” Sociolinguistic Studies 10.1 (2016): 109–33.Yudell, Michael. “A Short History of the Race Concept.” Race and the Genetic Revolution: Science, Myth, and Culture. Ed. Sheldon Krimsky and Kathleen Sloan. New York: Columbia UP, 2011.InterviewsOvens, Neil, Dope Saint Jude, and Adam Haupt. One FM Radio interview. Cape Town. 21 Apr. 2016.VideosSaint Jude, Dope. “Keep in Touch.” YouTube. 23 Feb. 2015. <https://www.youtube.com/watch?v=w2ux9R839lE>. H&M. “H&M World Recycle Week Featuring M.I.A.” YouTube. 11 Apr. 2016. <https://www.youtube.com/watch?v=f7MskKkn2Jg>. MusicSaint Jude, Dope. Reimagine. 15 June 2016. <https://dopesaintjude.bandcamp.com/album/reimagine>.

Introduction The genealogy of Feminist Standpoint Theory in the 1970s prioritised “locationality”, particularly the recognition of social and historical locations as valuable contribution to knowledge production. Pioneering figures such as Sandra Harding, Dorothy Smith, Patricia Hill Collins, Alison Jaggar, and Donna Haraway have argued that the oppressed must have some means (such as language, cultural practices) to enter the world of the oppressor in order to access some understanding of how the world works from the privileged perspective. In the essay “Meeting at the Edge of Fear: Theory on a World Scale”, the Australian social scientist Raewyn Connell explains that the production of feminist theory almost always comes from the global North. Connell critiques the hegemony of mainstream Northern feminism in her pyramidal model (59), showing how theory/knowledge is produced at the apex (global North) of a pyramid structure and “trickles down” (59) to the global South. Connell refers to a second model called mosaic epistemology which shows that multiple feminist ideologies across global North/South are juxtaposed against each other like tiles, with each specific culture making its own claims to validity.However, Nigerian feminist Bibi Bakare-Yusuf’s reflection on the fluidity of culture in her essay “Fabricating Identities” (5) suggests that fixing knowledge as Northern and Southern—disparate, discrete, and rigidly structured tiles—is also problematic. Connell proposes a third model called solidarity-based epistemology which involves mutual learning and critiquing with a focus on solidarity across differences. However, this is impractical in implementation especially given that feminist nomenclature relies on problematic terms such as “international”, “global North/South”, “transnational”, and “planetary” to categorise difference, spatiality, and temporality, often creating more distance than reciprocal exchange. Geographical specificity can be too limiting, but we also need to acknowledge that it is geographical locationality which becomes disadvantageous to overcome racial, cultural, and gender biases — and here are few examples.Nomenclatures: Global-North and Global South ParadigmThe global North/South terminology differentiating the two regions according to means of trade and relative wealth emerged from the Brandt Report’s delineation of the North as wealthy and South as impoverished in 1980s. Initially, these terms were a welcome repudiation of the hierarchical nomenclature of “developed” and “developing” nations. Nevertheless, the categories of North and South are problematic because of increased socio-economic heterogeneity causing erasure of local specificities without reflecting microscopic conflicts among feminists within the global North and the global South. Some feminist terms such as “Third World feminism” (Narayan), “global feminism” (Morgan), or “local feminisms” (Basu) aim to centre women's movements originating outside the West or in the postcolonial context, other labels attempt to making feminism more inclusive or reflective of cross-border linkages. These include “transnational feminism” (Grewal and Kaplan) and “feminism without borders” (Mohanty). In the 1980s, Kimberlé Williams Crenshaw’s concept of intersectionality garnered attention in the US along with Gloria Anzaldúa’s Borderlands/La Frontera: The New Mestiza (1987), which raised feminists’ awareness of educational, healthcare, and financial disparities among women and the experiences of marginalised people across the globe, leading to an interrogation of the aims and purposes of mainstream feminism. In general, global North feminism refers to white middle class feminist movements further expanded by concerns about civil rights and contemporary queer theory while global South feminism focusses on decolonisation, economic justice, and disarmament. However, the history of colonialism demonstrates that this paradigm is inadequate because the oppression and marginalisation of Black, Indigenous, and Queer activists have been avoided purposely in the homogenous models of women’s oppression depicted by white radical and liberal feminists. A poignant example is from Audre Lorde’s personal account:I wheeled my two-year-old daughter in a shopping cart through a supermarket in Eastchester in 1967, and a little white girl riding past in her mother’s cart calls out excitedly, ‘oh look, Mommy, a baby maid!’ And your mother shushes you, but does not correct you, and so fifteen years later, at a conference on racism, you can still find that story humorous. But I hear your laughter is full of terror and disease. (Lorde)This exemplifies how the terminology global North/South is a problem because there are inequities within the North that are parallel to the division of power and resources between North and South. Additionally, Susan Friedman in Planetary Modernisms observes that although the terms “Global North” and “Global South” are “rhetorically spatial” they are “as geographically imprecise and ideologically weighted as East/West” because “Global North” signifies “modern global hegemony” and “Global South” signifies the “subaltern, … —a binary construction that continues to place the West at the controlling centre of the plot” (Friedman, 123).Focussing on research-activism debate among US feminists, Sondra Hale takes another tack, emphasising that feminism in the global South is more pragmatic than the theory-oriented feminist discourse of the North (Hale). Just as the research-scholarship binary implies myopic assumption that scholarship is a privileged activity, Hale’s observations reveal a reductive assumption in the global North and global South nomenclature that feminism at the margins is theoretically inadequate. In other words, recognising the “North” as the site of theoretical processing is a euphemism for Northern feminists’ intellectual supremacy and the inferiority of Southern feminist praxis. To wit, theories emanating from the South are often overlooked or rejected outright for not aligning with Eurocentric framings of knowledge production, thereby limiting the scope of feminist theories to those that originate in the North. For example, while discussing Indigenous women’s craft-autobiography, the standard feminist approach is to apply Susan Sontag’s theory of gender and photography to these artefacts even though it may not be applicable given the different cultural, social, and class contexts in which they are produced. Consequently, Moroccan feminist Fatima Mernissi’s Islamic methodology (Mernissi), the discourse of land rights, gender equality, kinship, and rituals found in Bina Agarwal’s A Field of One’s Own, Marcia Langton’s “Grandmothers’ Law”, and the reflection on military intervention are missing from Northern feminist theoretical discussions. Moreover, “outsiders within” feminist scholars fit into Western feminist canonical requirements by publishing their works in leading Western journals or seeking higher degrees from Western institutions. In the process, Northern feminists’ intellectual hegemony is normalised and regularised. An example of the wealth of the materials outside of mainstream Western feminist theories may be found in the work of Girindrasekhar Bose, a contemporary of Sigmund Freud, founder of the Indian Psychoanalytic Society and author of the book Concept of Repression (1921). Bose developed the “vagina envy theory” long before the neo-Freudian psychiatrist Karen Horney proposed it, but it is largely unknown in the West. Bose’s article “The Genesis and Adjustment of the Oedipus Wish” discarded Freud’s theory of castration and explained how in the Indian cultural context, men can cherish an unconscious desire to bear a child and to be castrated, implicitly overturning Freud’s correlative theory of “penis envy.” Indeed, the case of India shows that the birth of theory can be traced back to as early as eighth century when study of verbal ornamentation and literary semantics based on the notion of dbvani or suggestion, and the aesthetic theory of rasa or "sentiment" is developed. If theory means systematic reasoning and conceptualising the structure of thought, methods, and epistemology, it exists in all cultures but unfortunately non-Western theory is largely invisible in classroom courses.In the recent book Queer Activism in India, Naisargi Dev shows that the theory is rooted in activism. Similarly, in her essay “Seed and Earth”, Leela Dube reveals how Eastern theories are distorted as they are Westernised. For instance, the “Purusha-Prakriti” concept in Hinduism where Purusha stands for pure consciousness and Prakriti stands for the entire phenomenal world is almost universally misinterpreted in terms of Western binary oppositions as masculine consciousness and feminine creative principle which has led to disastrous consequences including the legitimisation of male control over female sexuality. Dube argues how heteropatriarchy has twisted the Purusha-Prakriti philosophy to frame the reproductive metaphor of the male seed germinating in the female field for the advantage of patrilineal agrarian economies and to influence a homology between reproductive metaphors and cultural and institutional sexism (Dube 22-24). Attempting to reverse such distortions, ecofeminist Vandana Shiva rejects dualistic and exploitative “contemporary Western views of nature” (37) and employs the original Prakriti-Purusha cosmology to construct feminist vision and environmental ethics. Shiva argues that unlike Cartesian binaries where nature or Prakriti is inert and passive, in Hindu Philosophy, Purusha and Prakriti are inseparable and inviolable (Shiva 37-39). She refers to Kalika Purana where it is explained how rivers and mountains have a dual nature. “A river is a form of water, yet is has a distinct body … . We cannot know, when looking at a lifeless shell, that it contains a living being. Similarly, within the apparently inanimate rivers and mountains there dwells a hidden consciousness. Rivers and mountains take the forms they wish” (38).Scholars on the periphery who never migrated to the North find it difficult to achieve international audiences unless they colonise themselves, steeping their work in concepts and methods recognised by Western institutions and mimicking the style and format that western feminist journals follow. The best remedy for this would be to interpret border relations and economic flow between countries and across time through the prism of gender and race, an idea similar to what Sarah Radcliffe, Nina Laurie and Robert Andolina have called the “transnationalization of gender” (160).Migration between Global North and Global SouthReformulation of feminist epistemology might reasonably begin with a focus on migration and gender politics because international and interregional migration have played a crucial role in the production of feminist theories. While some white mainstream feminists acknowledge the long history of feminist imperialism, they need to be more assertive in centralising non-Western theories, scholarship, and institutions in order to resist economic inequalities and racist, patriarchal global hierarchies of military and organisational power. But these possibilities are stymied by migrants’ “de-skilling”, which maintains unequal power dynamics: when migrants move from the global South to global North, many end up in jobs for which they are overqualified because of their cultural, educational, racial, or religious alterity.In the face of a global trend of movement from South to North in search of a “better life”, visual artist Naiza Khan chose to return to Pakistan after spending her childhood in Lebanon before being trained at the University of Oxford. Living in Karachi over twenty years, Khan travels globally, researching, delivering lectures, and holding exhibitions on her art work. Auj Khan’s essay “Peripheries of Thought and Practise in Naiza Khan’s Work” argues: “Khan seems to be going through a perpetual diaspora within an ownership of her hybridity, without having really left any of her abodes. This agitated space of modern hybrid existence is a rich and ripe ground for resolution and understanding. This multiple consciousness is an edge for anyone in that space, which could be effectively made use of to establish new ground”. Naiza Khan’s works embrace loss or nostalgia and a sense of choice and autonomy within the context of unrestricted liminal geographical boundaries.Early work such as “Chastity Belt,” “Heavenly Ornaments”, “Dream”, and “The Skin She Wears” deal with the female body though Khan resists the “feminist artist” category, essentially because of limited Western associations and on account of her paradoxical, diasporic subjectivity: of “the self and the non-self, the doable and the undoable and the anxiety of possibility and choice” (Khan Webpage). Instead, Khan theorises “gender” as “personal sexuality”. The symbolic elements in her work such as corsets, skirts, and slips, though apparently Western, are purposely destabilised as she engages in re-constructing the cartography of the body in search of personal space. In “The Wardrobe”, Khan establishes a path for expressing women’s power that Western feminism barely acknowledges. Responding to the 2007 Islamabad Lal Masjid siege by militants, Khan reveals the power of the burqa to protect Muslim men by disguising their gender and sexuality; women escape the Orientalist gaze. For Khan, home is where her art is—beyond the global North and South dichotomy.In another example of de-centring Western feminist theory, the Indian-British sitar player Anoushka Shankar, who identifies as a radical pro-feminist, in her recent musical album “Land of Gold” produces what Chilla Bulbeck calls “braiding at the borderlands”. As a humanitarian response to the trauma of displacement and the plight of refugees, Shankar focusses on women giving birth during migration and the trauma of being unable to provide stability and security to their children. Grounded in maternal humility, Shankar’s album, composed by artists of diverse background as Akram Khan, singer Alev Lenz, and poet Pavana Reddy, attempts to dissolve boundaries in the midst of chaos—the dislocation, vulnerability and uncertainty experienced by migrants. The album is “a bit of this, and a bit of that” (borrowing Salman Rushdie’s definition of migration in Satanic Verses), both in terms of musical genre and cultural identities, which evokes emotion and subjective fluidity. An encouraging example of truly transnational feminist ethics, Shankar’s album reveals the chasm between global North and global South represented in the tension of a nascent friendship between a white, Western little girl and a migrant refugee child. Unlike mainstream feminism, where migration is often sympathetically feminised and exotified—or, to paraphrase bell hooks, difference is commodified (hooks 373) — Shankar’s album simultaneously exhibits regional, national, and transnational elements. The album inhabits multiple borderlands through musical genres, literature and politics, orality and text, and ethnographic and intercultural encounters. The message is: “the body is a continent / But may your heart always remain the sea" (Shankar). The human rights advocate and lawyer Randa Abdel-Fattah, in her autobiographical novel Does My Head Look Big in This?, depicts herself as “colourful adjectives” (such as “darkies”, “towel-heads”, or the “salami eaters”), painful identities imposed on her for being a Muslim woman of colour. These ultimately empower her to embrace her identity as a Palestinian-Egyptian-Australian Muslim writer (Abdel-Fattah 359). In the process, Abdel-Fattah reveals how mainstream feminism participates in her marginalisation: “You’re constantly made to feel as you’re commenting as a Muslim, and somehow your views are a little bit inferior or you’re somehow a little bit more brainwashed” (Abdel-Fattah, interviewed in 2015).With her parental roots in the global South (Egyptian mother and Palestinian father), Abdel-Fattah was born and brought up in the global North, Australia (although geographically located in global South, Australia is categorised as global North for being above the world average GDP per capita) where she embraced her faith and religious identity apparently because of Islamophobia:I refuse to be an apologist, to minimise this appalling state of affairs… While I'm sick to death, as a Muslim woman, of the hypocrisy and nonsensical fatwas, I confess that I'm also tired of white women who think the answer is flashing a bit of breast so that those "poor," "infantilised" Muslim women can be "rescued" by the "enlightened" West - as if freedom was the sole preserve of secular feminists. (Abdel-Fattah, "Ending Oppression")Abdel-Fattah’s residency in the global North while advocating for justice and equality for Muslim women in both the global North and South is a classic example of the mutual dependency between the feminists in global North and global South, and the need to recognise and resist neoliberal policies applied in by the North to the South. In her novel, sixteen-year-old Amal Mohamed chooses to become a “full-time” hijab wearer in an elite school in Melbourne just after the 9/11 tragedy, the Bali bombings which killed 88 Australians, and the threat by Algerian-born Abdel Nacer Benbrika, who planned to attack popular places in Sydney and Melbourne. In such turmoil, Amal’s decision to wear the hijab amounts to more than resistance to Islamophobia: it is a passionate search for the true meaning of Islam, an attempt to embrace her hybridity as an Australian Muslim girl and above all a step towards seeking spiritual self-fulfilment. As the novel depicts Amal’s challenging journey amidst discouraging and painful, humiliating experiences, the socially constructed “bloody confusing identity hyphens” collapse (5). What remains is the beautiful veil that stands for Amal’s multi-valence subjectivity. The different shades of her hijab reflect different moods and multiple “selves” which are variously tentative, rebellious, romantic, argumentative, spiritual, and ambitious: “I am experiencing a new identity, a new expression of who I am on the inside” (25).In Griffith Review, Randa-Abdel Fattah strongly criticises the book Nine Parts of Desire by Geraldine Brooks, a Wall-Street Journal reporter who travelled from global North to the South to cover Muslim women in the Middle East. Recognising the liberal feminist’s desire to explore the Orient, Randa-Abdel calls the book an example of feminist Orientalism because of the author’s inability to understand the nuanced diversity in the Muslim world, Muslim women’s purposeful downplay of agency, and, most importantly, Brooks’s inevitable veil fetishism in her trip to Gaza and lack of interest in human rights violations of Palestinian women or their lack of access to education and health services. Though Brooks travelled from Australia to the Middle East, she failed to develop partnerships with the women she met and distanced herself from them. This underscores the veracity of Amal’s observation in Abdel Fattah’s novel: “It’s mainly the migrants in my life who have inspired me to understand what it means to be an Aussie” (340). 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