Research Newsletter issue 2 April 2018

OPINION PIECE
Prof PN Makiwane, Public Law, WSU, Mthatha
is buttressed by section 8 which
effectively recognises that
everyone has inherent dignity.
This constitutional relief may
have contributed to the surge
in numbers of women students
into the law faculties. Together
with the Constitution, affirmative
action also contributes to an
increased number of, in particular,
black women in law faculties,
contributing to an increase of
female employees in private
practice, the law faculties and the
courts.
Cohen reports as follows on the
effect of affirmative action:
By the time South Africa gained
independence in 1994, all but
five of the country’s 165 judges
were white men. A headcount
earlier this year [2013] found
that 100 black men and 49 black
women, 71 white men and 21
white women served as judges…
in 1990, of the 829 magistrate
in South Africa, 811 were white,
eleven were Asian, five were of
mixed racial descent and two
were black. Today [2013], 974 are
black and 687 are white, 647 are
woman and 1014 are men.
In 2013, gender demographics of
the Constitutional Court remained
the same as in 1994 – nine male
and two female judges. In 2016
the court had 8 male judges (two
of whom are now retired) and 3
female judges. We assume that
the vacancies created by the
departure of the two justices will be
taken by over by qualified women.
We should pride ourselves that
the current Council Chairperson
at our university, Judge Dambuza,
is a woman, and that the current
President of the Supreme Court
of Appeal, Judge Maya, is also a
woman who is closely associated
with this university. These are
role models for our young woman.
Some challenges
Because of the friendly
environment for women since
1994, there has been an increased
entry of women into the legal
profession and, in the faculties
of law, there is now parity with
male students. There is no doubt
that women are still confronted
with gender stereotypes and
bias, disparagement and sexual
harassment at the hands of their
male counterparts. Universities
are infested with rapists from
within and outside campuses.
Most men who are already in the
legal profession look at successful
women with resentment and
scorn. As Rhode noted: There is a
‘mismatch between characteristics
associated with women and those
associated with professional
success, such as assertiveness
and competitiveness’. Women, in
her view, risk being characterised
as too “soft” or too “strident”,
“aggressive” or “not aggressive
enough”. Assertiveness in a man is
often interpreted as abrasiveness
in a woman.
Conclusion
The country ought to be
applauded for the strides taken to
liberate women from the shackles
of oppression. Barriers to women’s
entry into the legal profession
have all but disappeared. This
is evidenced by the number of
graduating students, the majority
of whom are women. These female
graduates feed into the legal
profession, thereby potentially
increasing the number of women
to positions previously occupied
by males. The universities, on
the other hand, struggle to get
qualified female lecturers, mainly
because universities require a
minimum masters’ qualification to
become a lecturer. Poverty, it is my
view, forces female students into
practice after obtaining the first
qualification in order to relieve
struggling families. However,
women who progress to a masters’
qualification or beyond stand a
good chance to reap the fruits of
affirmative action early. Women, it
has been my observation, tend to
be more focused than men in their
studies.
We salute women for their
competitiveness, and believe
that Women’s Month is for them
a month of commitment to
empower themselves further,
to engage men and challenge
male stereotypes associated with
femininity. This short script cannot
be complete without a plea to
‘men’ to be men, not boys, and
not to be abusive towards their
female counterparts. Phambili
makhosikazi omthetho phambili!!
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