women in and beyond the global
analyzing and changing the status of women in households, prisons and cities
She simply glowed (Olorato Mongale did)
she simply glowed
Olorato Mongale did
past tense
she a child of the community
embraced and cared for
by many
passionate about journalism
and the fight against
Gender Based Violence
Olorato Mongale was
she did
she was
past tense
when will all
our war and our wars
be
past tense
(By David Kapp)
(Image Credit: Sofia Weidner / PBS)
Hlelo Kana, a grade 4 learner at Samora Machel Primary School, won second place at the Philippi Arts Centre’s book quiz
Art is the way
Art is the way
is what they say
those bookworms
out Philippi Arts Centre way
(though art seems
only to matter
come vote-catching time)
Art is the way
where 40 or so
grade 3s and 4s
ace a book quiz
A book quiz
where they show
they can read
for meaning
(in isiXhosa)
Notwithstanding the ritual
of those PIRLS studies
that go the other way
What might the bookworms
have to say
“Book worms : Philippi learners ace Arts Centre book quiz“
(By David Kapp)
(Photo Credit: GroundUp / Qaqamba Falithenjwa)
Julia Quecaño Casimiro
It turns out it’s not the meek who shall inherit the earth, but rather those who have been mistakenly deemed as meek by the seemingly powerful. This is especially true of those who work the earth, day in and day out. Consider the tales of Julia Quecaño Casimiro and Veronica Baleni. Julia Quecaño Casimiro is a seasonal or migrant farm worker in England; Veronica Baleni is a small-scale farmer in South Africa. Consider their stories and imagine the conversation their tales weave together.
Julia Quecaño Casimiro is Bolivian. She hopes to study biochemistry. To pay for her studies, she went to England to work as a cherry picker, where, the recruiters told her, she would earn about £500 a week and that she would have to repay no more than $1,000 , or £800, for the flight. After a month, when Casimiro left the farm, she was broke and homeless. Last week, she sued her employers, Haygrove, claiming unlawful deduction of wages, unfair dismissal, discrimination and harassment. Haygrove is one of the UK’s biggest fruit producers. At first, she was given no shifts, then barely given a shift the following week. Then Haygrove told the workers they had to pay £1,500 in six weekly £250 instalments for their flights to the UK. For many, that demand was the final straw. When government inspectors visited Haygrove, they found and reported numerous violations. The State did nothing. So, last week, Julia Quecaño Casimiro filed a complaint, becoming the first person on a seasonal worker visa to take a farm to an employment tribunal.
Julia Quecaño Casimiro had worked before on farms, in Bolivia and Chile, but she had never experienced the kind of intimidation and exploitation that she saw and was subjected to at Haygrove. Julia Quecaño Casimiro’s parents are small-scale farmers in Bolivia. She grew up on farms and has worked on numerous farms. Julia Quecaño Casimiro knows a thing or two about how farms should be run. She also knows what slavery is: “As soon as I started, I saw that it was exploitation. It was modern slavery.”
Veronica Baleni is a small-scale farmer in Riverlands, near Malmesbury, about 45 minutes by car from Cape Town. Veronica Baleni is one of over 100 small-scale farmers who work on a large piece of land in Riverlands. Many have been working this land for generations, in some cases for over a century. Veronica Baleni grows vegetables and has over 200 fruit trees.
The land is owned by the government’s Housing Development Agency, HDA. In May 2022, HDA initiated eviction proceedings, at first allegedly against three farmers but ultimately against the whole population. The farmers resisted, secured legal representation and went to court. On Monday, the Judge in the Western Cape High Court ordered HDA to withdraw their application for eviction and strongly urged the agency to enter into “meaningful engagement” with the community. According to Veronica Baleni, the real impediment for the farmers, both as farmers and as citizens of the Republic of South Africa, is ownership of the land.
In both instances, the ones threatened are assumed, by their aggressors, to be powerless, uninformed, helpless and hopeless. That couldn’t be further from the truth. Workers know the score and they know abuse, exploitation and slavery when they see it. Small-scale farmers know that those who work the land have a right to fully inhabit the earth on which they walk, in which the toil. The fruit of one’s labor must include and support the dignity of those who labor, from the fruit farms of the United Kingdom to the fruit farms of South Africa and beyond.
Farmers celebrate their victory in court
(By Dan Moshenberg)
(Photo Credit 1: The Bureau of Investigative Journalism / Nacho Rivera)
(Photo Credit 2: Groundup / Liezl Human)
It’s the little things
We two decide
to brave the subway
to the other side
(where the grass is
not any less the smellier)
It’s the little things
the overalled fellow
poignantly observes
post- the Heritage Day
we have just had
It’s the little things
retail workers work
(is there a union
in agreement there)
and the wheels turn
It’s the little things
sardine-filled taxis
rush on by
as I make my way
to a Remembrance Walk
It’s the little things
Preserving Celebrating
and Memorializing
that which was
It’s the little things
I make my way to Livingstone High School, the venue for the Newlands / Claremont Heritage, Environmental Justice and Restitution Society gathering.
(By David Kapp)
(Image Credit: Kamyar Bineshtarigh, Studio Wall XII / Southern Guild)
Have you heard, the pandemic is over, and the world is `returning to normal’. In South Africa, part of this return has involved loadshedding, scheduled (or not) rolling blackouts. Why does a country as rich as South Africa suffer from loadshedding? Don’t ask. This Sunday, SweepSouth, a South African online platform through which people can hire domestic workers and domestic workers can secure reasonably protected work arrangements, released the 2023 Report on Domestic Workers Pay and Work Conditions, its sixth since 2018. The news this year is grim. As Luke Kannemeyer, SweepSouth Managing Director, noted in the Executive Summary, “Our results continue to emphasise the disproportionate burden that domestic workers carry in their households. The majority are women (94%), sole breadwinners (84%), single caregivers (64%), and support an average of four dependents …. Workers continue to sacrifice basic needs as costs outstrip earnings. Food is the largest expenditure item with the greatest increase since last year (+12%). Poor South Africans were hit hardest as food inflation hit a 14-year high in March 2023. Primarily driven by the electricity crisis, vegetables, wheat and corn-based products, and plant-based oils (such as vegetable oil) increased the most. These items make up a disproportionate portion of food in low-income households. With few workers having any savings (2023: 9%, 2022: 10%), many take on debt.” While much of the report is unsurprising, much of it is new, and none of it encouraging. As Kannemeyer concludes the Executive Summary, “This summary is just the tip of the iceberg. We want this report to motivate you to be part of driving change in the domestic work industry.”
As in past years, 94% of domestic workers are women, median age 37. 39% are South African, 56% are Zimbabwean. 58% work in Gauteng, 37% in the Western Cape. 96% are primarily engaged in cleaning. 28% of domestic workers lost their jobs in the past year. Of this group, 25% lost their jobs because their employers could no longer afford them. This is more or less consistent with past years. 40% lost their jobs because their employers moved. Of those employers who moved, 28% moved to another city in South Africa, and 59% moved overseas. Much of the movement from one city to another, semigration, is a consequence of remote working. In both instances, emigration and semigration, those leaving are so-called skilled workers.
Between loss of jobs, relatively stagnant earnings, skyrocketing inflation, it’s not particularly surprising that most domestic workers are in debt and sinking deeper quickly and that very few have any savings.
Loadshedding has also taken its toll. Most domestic workers report that loadshedding has had a negative impact on the number of hours they work, has added extra time on their commutes, and made their commutes more dangerous. Additionally, loadshedding has had the more general impact lack of reliable energy has on low-income communities.
The report ends with recommendations: enforce and expand legal protections; implement multi-pronged solutions for loadshedding; improve access to mental health; increase support for workers facing abuse at home and in their workplace. While these are all reasonable recommendations, they miss the core new element in this year’s report and the core element in every report. The core element in every report is that almost all the domestic workers are women. This is a women’s employment, security, and rights issue. While that may be obvious, it needs to be emphasized and acted upon. Thousands of women are being sent into a situation of structural violence because they are women. The new element is that those who lost their jobs lost their jobs because their employers either emigrated or semigrated. This is new, and the State as well as organized labor must address this situation. What sorts of arrangements must be made before an employer leaves? What sorts of obligations does the employer have? What obligation does the State have? What obligations do the trade unions have? What obligations do the women’s movements have? If nothing is done, the result will be more than thousands of unemployed women, which is bad enough. It will be thousands of women heads of household drowning in rising debt, which will condemn them, their families, their communities to a future without promise or hope. That is unacceptable.
(By Dan Moshenberg)
(Infographic Credit: SweepSouth)
In 2010, a new South African investigative journalist project, amaBhungane, was founded. In isiZulu, amaBhungane means dung beetle. Their slogan is DIGGING DUNG, FERTILISING DEMOCRACY. This week the High Court of South Africa, Gauteng Division, confirmed not only the work of amaBhungane but also the importance of investigative journalism to the work of democracy. The case involves amaBhungane and its reporting on the Moti Group, a South African conglomerate with extensive international holdings.
The story in a nutshell: amaBhungane received files concerning the Moti Group. In late April and early May, amaBhungane published three articles exposing attempts by the Moti Group and its owner, Zunaid Moti, to cozy up to the leadership in Zimbabwe as well as to surreptitiously influence an employee at Investec who was charged with protecting the bank against the Moti Group’s quickly expanding debt. The Moti Group immediately launched a campaign to silence, and ultimately crush, amaBhungane. On June 1, the Moti Group went to court, on an ex parte and in camera basis, meaning the proceedings were behind closed doors and amaBhungane was not allowed to attend. The judge issued a gag order and told amaBhungane to return all leaked documents, by this time known as the #MotiFile. On June 3, amaBhungane went to court. They were allowed to retain the documents, which, by the way, they did not actually have possession of, but the gag order remained until a further court hearing. That hearing occurred June 27, in the High Court of South Africa, Gauteng Division, with Judge Roland Sutherland. Judge Sutherland issued his ruling yesterday, “a scathing rebuke for the Moti Group and its lawyers” as well as for the lower court.
Judge Sutherland decreed that there was no compelling reason for an ex parte and in camera hearing. He went further and declared that holding such a proceeding was a violation of all juridical procedure as well as an assault on judicial integrity, journalistic freedom, justice and democracy. The decision has been hailed far and wide. Needless to say, the Moti Group continues to spin the results and promises to continue its campaign against amaBhungane.
While many note Judge Sutherland’s step by step evisceration of the Moti Group’s arguments for secrecy, Judge Sutherland was clear to explain that the role of the media is critical to the functioning of democracy: “A South African court shall not shut the mouth of the media unless the fact specific circumstances convincingly demonstrate that the public interest is not served by such publication. This is likely to be rare.”
In 2010, amaBhungane chose as its slogan, DIGGING DUNG, FERTILISING DEMOCRACY. In February 2017, the Washington Post started using that line, “Democracy Dies in Darkness” as its slogan, its first slogan in its then 140-year existence. The Post credited Bob Woodward with the line, and Woodward credited Judge Damon J. Keith, who had presided over a First Amendment case in 2002, Detroit Free Press v. Ashcroft. In 2021, that decision was cited in South Africa, in a decision by the High Court of South Africa, Gauteng Division, in which the Open Secrets and the Unpaid Benefits Campaign sued the government for cancelling pensions and withholding access to information: “In Detroit Free Press v John Ashcroft, the United States Court of Appeal for the Sixth Circuit held that: `Democracies die behind closed doors. The First Amendment, through a free press, protects the people’s right to know that their government acts fairly, lawfully, and accurately …When government begins closing doors, it selectively controls information rightfully belonging to the people. Selective information is misinformation.’ The reason being is that `in darkness of secrecy, sinister interest and evil in every shape have full swing.’ It is for that reason that the Constitutional Court has stated that openness is the default position, and it refuted an approach that proceeded from a position of secrecy. The principle of open justice is an incident of the values of openness, accountability, and the rule of law. Included in this is the notion of a participatory democracy. These are the foundational values upon which our Constitution is based, and which are entrenched therein.” The lessons of democracy, of preserving and strengthening democracy, travel, quickly. This week, the courts of South Africa are teaching the world a thing or two about keeping the lights of democracy on and bright.
(by Dan Moshenberg)
(Image Credit 1: Smithsonian) (Image Credit 2: amaBhungane)
What is neglect? More specifically, what is State neglect? In the past week, people have been reported to die of neglect at the hands of the State in Egypt, the United States and South Africa. What does that mean? Too often, the story of neglect is recounted as one of oversight, an omission, an act of forgetfulness, but State neglect is public policy, and its consequences can be catastrophic, as this week has shown.
According to the Egyptian Network for Human Rights, ENHR, since the beginning of 2023, twelve people have died of `medical neglect’ while held in prisons and detentions centers. Last week, Madyan Hussein and Sameh Mansour died of neglect. They were not forgotten in a corner somewhere, they, as so many others who have died while incarcerated were effectively executed.
Last year, in Atlanta, Georgia, Lashawn Thompson died in the Fulton County Jail. Lashawn Thompson was 35 years old, Black, living with schizophrenia, homeless. When he died in a bedbug infested bed, his family demanded an independent investigation. This week, the autopsy was concluded: “The death of Mr. Lashawn Thompson resulted from severe neglect evidenced by untreated schizophrenia, poor living conditions, poor grooming, extensive and severe body insect infestation, dehydration, and rapid weight loss”. “Mr. Thompson was neglected to death”. Neglected to death.
Hammanskraal is a rural community under the supervision of the Tshwane Metropolitan Authority, in northern Gauteng, in South Africa. This week, as of last count, 17 people in Hammanskraal died of cholera, and 100 have been taken ill. Hammanskraal is in the news this week for the `neglect’ that led to this disaster.
Yesterday, in the Mail & Guardian, Ozayr Patel wrote, “South Africa was long known for its clean water, but not for at least the past two decades. Now that a cholera outbreak in Hammanskraal has, at the time of writing, claimed the lives of 17 people and left about 100 ill, the water crisis is making headlines …. The M&G has covered numerous stories from around the country about water treatment plants being neglected, not working, and sewage flowing down streets, into people’s yards and into rivers and streams. Now that 17 people have died, will something be done? Or are we more likely to see results if more people die?” Patel’s account partly relies on Anja du Plessis’ research. Earlier in the week, in a piece entitled “Cholera in South Africa: a symptom of two decades of continued sewage pollution and neglect”, du Plessis wrote, “The unacceptable level for operations indicates that the operation of treatment systems and risk to infrastructure is of concern and not efficient. The data emphasises the non-functioning and overall neglect of wastewater treatment works.” In the Daily Maverick, Thamsanqa D Malinga agrees, “Hammanskraal is the straw that will break the camel’s back, the one scandal that has just helped shine the light on the neglect of the poor. Its advantage is that it falls under the control of one of the biggest metros in the country — and our capital city.”
Meanwhile, elsewhere in South Africa, “Apart from the recent spike in cholera deaths caused by dirty water, residents of Mokopane in Limpopo fear also contracting water-borne diseases such as malaria and typhoid. And they accused their municipality, Mogalakwena, of neglecting them.” The neglect was elsewhere described as `reluctance’.
What is neglect? Under Abuse and neglect of children, the Code of the Commonwealth of Virginia declares, “Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child’s health causes or permits serious injury to the life or health of such child is guilty of a Class 4 felony.” Elsewhere, in its discussion of Abuse and neglect of vulnerable adults, the same Code defines neglect: “`Neglect’ means the knowing and willful failure by a responsible person to provide treatment, care, goods, or services which results in injury to the health or endangers the safety of a vulnerable adult.”
What happened, and is happening, in Egyptian prisons and detention centers, in the Fulton County Jail, in Hammanskraal is knowing and willful failure by those responsible to provide treatment, care, goods or services, resulting in injury, endangerment, harm, and, finally, death. Yes, Hammanskraal was years in the making, and the residents of Hammanskraal protested the violence being done to them … to no avail. Don’t call it neglect, call it murder, committed by the State, call it a crime against humanity.
(By Dan Moshenberg)
We Without Titles
(This revolution will not be televised)
Your sole is broken
A fellow traveller
(a woman to boot)
observes as I stoop
to examine the sole
of an age-old boot
Knee-high they are
rescued me many times
from the searching hands
of apartheid’s police
(contraband stuffed
down my length of leg
the side-pockets usually
filled with meeting notes)
Your sole is broken
couldn’t keep up
with my striding
here there and
whereever too
Your sole is broken
perchance a slip
of the Freudian variety
in these challenging times
(who would have thought
as we are supposed to be
free from all iniquities
post-1994’s Majority Rule
Your sole is broken
can it be fixed
(do we actually want to
and at what cost)
or is it beyond repair
(By David Kapp)
(Image Credit 1: Community Arts Project / UWC Centre for Humanities Research) (Image Credit 2: Community Arts Project / UWC Centre for Humanities Research)
Section 27 of the Constitution of the Republic of South Africa states, “Everyone has the right to have access to health care services, including reproductive health care.” Section 28 of that same Constitution states, “Every child has the right to basic nutrition, shelter, basic health care services and social services.” This week, the High Court of South Africa, Gauteng division, confirmed those sections, in no uncertain terms, in a landmark decision brought by the law and advocacy organization, Section27, and three women: Kamba Azama and Nomagugu Ndlovu, denied free health services while pregnant, and Sinanzeni Sibanda, whose child under six was denied free health services. While the judgement is a decided victory, many question why it had to come to this in the first place.
In 2020, the Gauteng Department of Health issued the Policy Implementation Guidelines on Patient Administration and Revenue Management, which was written and interpreted to allow Gauteng public hospitals to deny free services to pregnant women, lactating women, and children under six. Hospitals began charging exorbitant fees up front before offering any services. They believed provincial policy superseded the national Constitution; effectively, they believed the Constitution was, at best, an interesting document. Section27, Kamba Azama, Nomagugu Ndlovu, and Sinanzeni Sibanda said NO! to that policy and notion, and took the Health Department to court.
Over the last three years, reports of such abuse have increased. For example, “Julian” and his wife and child moved from Maratane Refugee Camp, in Mozambique, to South Africa, seeking, among other things, health care for the infant daughter, who lives with cerebral palsy. As an undocumented resident, “Julian” found only impediments: demands for identity documents, demands to pay upfront as a private patient. Today, he and his family struggle with the R40,000 debt that was imposed on him. Suffer little children …
“Grace Jean”, an asylum seeker from the Democratic Republic of Congo was eight months pregnant and suffered from high blood pressure. After consulting a clinic, she was referred to Charlotte Maxeke Academic Hospital. She went twice to the hospital. Each time, she was told to pay R20 000 to obtain a hospital file number and be treated. Unemployed, Grace and her husband could not come up with the money. She lost the baby.
“Fezal Blue”, an asylum seeker living with HIV, was in labor. She approached three hospitals. None would take her, because she couldn’t provide South African identity card and wasn’t carrying her asylum seeker permit. “Fezal Blue” gave birth in the back of a car, going to a fourth hospital. Mother and child survived, and the baby did receive nevirapine, preventing mother-to-child transmission of HIV.
In his decision, Deputy Judge President Roland Sutherland declared Gauteng’s policy to be inoperative and generally an incoherent mess, not to mention a violation of the Constitution. Additionally, he gave all health establishments, across South Africa, until July 17th to post in a clearly visible place, the following: “ALL pregnant women,
ALL women who are lactating, and
ALL children below the age of six
Are entitled to free health services at any public health establishment, irrespective of their nationality and documentation status.”
ALL is capitalized in the Judge’s orders.
The Gauteng policy targeted the most vulnerable: asylum seekers, undocumented persons and persons who are at risk of statelessness. It did more than declare them persona non grata, it declared them nonpersons, unworthy of rights, dignity, or simple human decency. As Mbali Baduza, legal researcher at Section27, explained, “The effect of this court order is that it applies across the country… Medical xenophobia or health xenophobia has been on the rise in certain provinces, and this court order makes it clear that all pregnant women and children under six — regardless of their status — can access hospital care for free… and that’s an important precedent”.
Sharon Ekambaram, head of the Refugee and Migrant Rights Programme at Lawyers for Human Rights and a spokesperson for Kopanang Africa Against Xenophobia, Kaax, noted, “It is concerning that our government needs to be reminded of their constitutional obligations as set out in our Constitution and in our policies. This situation is but one component of a much broader crisis of institutionalised xenophobia”. Dale McKinley, also of Kaax, added, “We should be angry that we’ve had to go this far and that we have to continue to force our government to do the most basic things in terms of what our law says”.
Medical or health xenophobia is nationwide, across South Africa, as it is worldwide, and it’s spreading. Celebrate the victories, such as this landmark decision; and be concerned and angry. Part of the decision was to enforce the rule of law and the power and responsibility of the Constitution, and aprt of the decision was to emphasize the map. No assault on persons’ dignity is unique or individual, they are always part of a pattern of viral growth, and so every response must also be expansive. What happens in Gauteng does not stay in Gauteng.
(By Dan Moshenberg)
(Photo Credit: Jana Hattingh / Spotlight) (Image Credit: Section27)
