VIOLENCE AGAINST WOMEN | AFRICA | ADVOCACY & POLICY | CULTURE
The South African Constitution Requires Men to be Feminist?
The Long-term feminist struggle in post-apartheid South Africa
WORDS BY ELIZABETH SYKES | E.SYKES@THEIWI.ORG | 20 SEPTEMBER 2024
Four years following the achievement of democracy in South Africa, H.P.P. Lötter examined the New South African Constitution, finding that it required ‘men to feminist’ in order to be true citizens of the new South Africa. Resting this assertion on Founding Provision 1.b of the 1996 Constitution which declares the democratic state to be founded on ‘non-racialism and non-sexism’, Lötter anticipated that Constitutional reform would address gender-based inequality established under colonial and apartheid rule. Thirty-years post-independence, does this statement hold true? Or better yet, did it ever hold true?
Feminism and the new era of democracy
South African feminist movements have a long history, often intertwining with anti-colonialist and revolutionary politics. Women, represented by the Federation of South African, participated in the drafting of the 1955 Freedom Charter alongside male compatriots. A precursor to New South Africa’s Constitution, the Charter emphasised civic participation by all, according to ‘birthright without distinction of colour, race, sex or belief’ (Freedom Charter, 1955). Early commitment to gender equality, as well as women’s participation in the movements toward freedom, highlight the feminist capacity of democratic South Africa. Enshrined in the foundations of the Republic itself, feminism appears, as identified by Lötter, intrinsic to South African national identity.
Beyond the Charter, independence made way in consolidating the hopes of the revolution. Legislation, including the Domestic Violence and Maintenance Acts of 1998, giving women access to interdicts against abusive partners and recourse to force partners to pay maintenance for the children illustrate commitment to the feminist cause immediately post-independence. South Africa’s early progressive stance on women’s rights is further indicated by the introduction of the Choice of Termination of Pregnancy Act in 1996, legalising abortion. To this day, South Africa remains one of three African countries, alongside Tunisia and Cape Verde, which ‘permit[s] abortion without restriction as to reason’ (Guttmacher Institute, 2018). Early commitment to the advancement of gender equality thus continues to impact the safety and bodily autonomy of South African women. However, in the decades since independence, and especially following the end of Nelson Mandela’s presidency, feminist consciousness appears to have left the chambers of governance.
The promises of activists, constitutions, and legislature have continued to fall short of guaranteeing true gender equality in South Africa. Thus, whilst the Constitution expects male citizens to be feminists, South Africa has come to serve as a painful reminder of the limits of Constitutional reform.
The failure of Constitutional ‘non-sexism’?
Repeatedly lauded as one of the world’s most progressive, the South African Constitution sought to consolidate the triumphs of independence, guaranteeing equal rights for all citizens regardless of race, gender-identity or sexuality. Yet as decades pass, South African women continue to endure the worst excesses of a sexist society, highlighting the divergence between constitutional promise and reality. Patriarchal societal foundations have not been supplanted by the Constitution; pervasive gender-based violence, decreasing representation and marginalisation of the women’s movement demonstrate the failure of ‘non-sexism.’
In addition to a 2018 report by UN Women which highlighted the labelling of South Africa as the ‘rape capital of the world’ (UN-Women, 2018), The World Population Review identified the county as among the top six countries with the highest rates of femicide in 2023 (World Population Review, 2023). Faced with a culture of embedded gender-based violence, black women’s experience of citizenship illustrates the ultimate failure of the Constitution in delivering ‘non-sexism.’ Almost thirty-years post-independence, the statistics point towards men’s ability to avoid the feminist obligation identified by Lötter. This capacity to shirk responsibility extends to the highest level of government, with former President Jacob Zuma acquitted following accusations of rape brought forward by Fezekile Ntsukela Kuzwayo in 2005.
Deputy President at time of trial, Zuma’s controversial acquittal in the High Court illustrate that whilst Constitutional doctrine is at the basis of South African law, it cannot root out sexism amongst its law-makers and politicians. Moreover, it cannot root out the power of presidents backed by personality cults, exemplified by the ANC Women’s League’s (ANCWL) campaign entitled ‘Hands off our president’ (Citizen, 2015). In the extreme, attitudes towards, in addition to the high volume of gender-based violence, demonstrate how constitutional reform has failed to deliver lasting impact in the lives of many South African women. Party lines and ethnic identity cause fragmentation amongst politically active women; solidarity amongst women across party lines therefore represents for the UN Women one of the greatest obstacles facing South African women (UN-Women, 2018).
A new era for South African Democracy? A new era for South African feminism?
Evolving beyond the controversy and spectacle of the Zuma years, the South African government is facing a moment of transition following this year’s elections. Under Cyril Ramaposa’s presidency, the government regained a level of stability and took steps towards equal gender-representation. However, facing a transition forced by the historic loss of a thirty year majority, the ANC has entered a coalition with ten other parties. Symptomatic of societal division, the Government of National Unity (GNU) nevertheless presents itself as a bastion of democracy founded on constitutional principles of non-racialism and non-sexism (Statement of Intent, 2024).
This emphasis, however, is inconsistent with backsliding on gender-parity goals in government. Representing 46% of parliament in 2020, under the GNU women now make up 43% of legislative government. In addition, where gender parity was reached in the Executive as of 2019, women’s representation has fallen by 10% in the new government (EISA, 2024). These statistics highlight that whilst the ANC has pushed for gender equality, owing to a quota system introduced in 2009, other parties have not followed suit. The 2024 elections underline the problem of gender-equality measures bound to the party structure of the ANC. It appears that, rather than requiring men to be feminists, the Constitution has forced a single party into a commitment to gender parity.
2024: Are South African men required to be feminists?
Undoubtedly, under New South African democracy women have an improved position within society. Yet, the experience of the past thirty years also demonstrates that the battle is far from won. Men, evidently, are not required to be feminists in South Africa, as violence against women remains pervasive, Presidents avoid rape convictions and fewer women make up government. In a country where men continue to dominate, the work of the feminist movement remains a women’s arena.