Abstract

The South African Constitution has been hailed as one of the most progressive in the world and has received high acclaim internationally (Mkhwanazi 2016:6). However, the war on women, their bodies and their right to self-determination persists, irrespective of the Constitution. Literature reveals experiences of brutal rapes and killings of black lesbian women, as well as mistreatment and hate speech in the name of morality against sex workers, women seeking abortions and HIV-positive women (Strode et al. 2012:64). Based on a desktop review of images and audio-visuals of women's narratives in South Africa, this paper finds that many of the country's contemporary social institutions, such as the state, family, church and culture, amongst others, normalise forms of gendered violence, such as the policing, control and exploitation of women's lives and bodies through cultural practices like ukuthwala and ukuhlolwa kwobuntombi. Research findings also include narratives of women, who - in spite of prevailing social and institutionalised violence - have leveraged personal agency to declare autonomy and make personal choices regarding their bodies and lives. Keywords: gendered violence, LGBTI people, patriarchal societies, rape, ukuhlolwa kwobuntombi.

Highlights

  • Through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to – Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is protected by law (Constitution 1996:1)

  • This statement remains relevant for many lesbians in South Africa, but for those in townships, who have to face oppression on the grounds of race, gender and sexual orientation, and of class

  • Our research indicates that the narratives of most lesbian victims of gender-based violence assert that the attacker confirms harming them because of their sexual orientation and gender expression, with most of the lesbians being attacked and stereotyped as “butch”

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Summary

Introduction

South Africa boasts one of the most liberal and progressive constitutions in the world It promotes and protects democratic values, social justice and fundamental human rights for every citizen, who is protected under the law. [e]veryone has the right to bodily and psychological integrity, which includes the right– (a) to make decisions concerning reproduction; (b) to security in and control over their body (The Constitution of the Republic of South Africa 1996:6). Most citizens with identities considered as deviating from the norm, such as LGBTI people and women (especially young, poor, HIV-positive women, women with disabilities, lesbian women, bisexual women and women sex workers), are not often viewed as deserving of freedom and/or rights to bodily integrity, which include control over one’s body (Mkhize 2015; Njawala 2016)

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