An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
If patriotism is the last refuge of scoundrels, “culture” must be the last refuge of murderous patriarchs. Under the guise of what “our culture” requires, some people directly or indirectly justify rape and murder.
This was never clearer than last week when several callers to a South Africa radio call-in programme seem to suggest that the two lesbians who were brutally raped and murdered in Medowlands, Soweto the previous week really deserved to be killed because what they did was “sinful” and in any case not part of “African” culture.
Sizakele Sigasa, lesbian activist and outreach worker with the Positive Women’s Network (PWN), and her friend, Salome Masooa, were first tortured and then murdered and judging by the response of some callers to that programme, it is difficult not to conclude that the crime was motivated by extreme homophobia.
But when these two women, who loved each other, were raped and murdered, the sympathy evaporated and the ugly underbelly of South African patriarchy was revealed. Why did the ANC woman’s league not issue a statement condemning the attack? Why are we still waiting for the DA or the ID to issue a statement expressing their horror and concern? Are they just spineless cowards or do they secretly share the views of those callers who think that lesbians should be raped to teach them what a “real” man needs?
At the heart of this outrage is a gutless fear to confront the poisonous use of “culture” – especially, let me be brutally and dangerously honest here, “African culture” – to justify the naked abuse of male power. All over the world people invoke culture as if it is a fixed, eternally constant thing without any inherent normative meaning. Culture, in this view, is above judgment. This invocation of culture is supposed to stop any further argument because once “my culture” tells me what is right and wrong, I am a mere zombie who has to follow that culture no matter what.
In South Africa, where the progressive values enshrined in the Constitution clash dramatically with the patriarchal values embodied by both traditional societies and the church, “culture” is often invoked in this way to close down the progressive voices that are fighting for respect for human dignity and difference.
(This is a delicate argument to make because it can easily be interpreted as a racist rant. So let me be clear: I am ranting yes, but I am ranting not against “African culture” in general, but against the certain use and abuse of the concept by some people to justify hatred of and violence against those who do not conform to the “culture”.)
Am I the only one to think that these arguments are deeply demeaning to those who make them because it purports to rob individuals of any agency? Suddenly one is not a human being who can make ethical choices about how one must live one’s life, one is merely an instrument of one’s “culture”. This kind of thinking plays into the most disgusting racial stereotypes about black people – but they do justify hatred and killing of lesbians so, I suppose for some people this is a small price to pay.
But of course cultures are not static and cultural practices and beliefs do have an ethical dimension. Afrikaner culture required me to support apartheid, force black “servants” to eat out of tin plates and to turn a blind eye to the torturing of ANC guerillas. Those aspects of Afrikaner culture were disgusting and amoral and at some point I had to dig deep and confront the ugly side of my culture and to change my own ideas about what my culture is all about.
Individuals who claim that homosexuality is “un-African” and that all “true Africans” must hate and be repelled by gay men and lesbians, have a similar ethical journey to make. Such a journey may reveal that it is homophobia, and not homosexuality, that is “un-African”.
After all, the sodomy laws and the attitudes that go with that were brought to
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