That is not right

Chanelle McCrawl

That is not right

A paternal grandfather
can’t get much sleep
as yet another
young one is killed

(she thrown on a field
like a piece of garbage)

That is not right
she is a human being

(a local library colleague
wonders whether children
are growing up too quickly)

elsewhere a besuited one
declares that gangs
are using weapons
of war

blustering on about
never failing our people
and liberating our people
from prisons of fear

is the mind not
that dangerous place
that weapon of war

male suspects appear
and are charged
while we fill that
other concrete prison

then tick off boxes
for political statisticians
and the statistics
of politicians

Is that right

“Another girl killed, another tenant held” (Cape Times, October 24 2017), “Charnelle’s mom shares her grief” (Argus, October 24 2017), “Another child found dead” (Athlone News, October 25 2017), and “Gangs using ‘weapons of war’” (Athlone News, October 18 2017).

(Photo Credit: David Ritchie / ANA / Cape Argus)

Justice, redress and restitution for the widows of Marikana

 

(Speaking Wounds: Voices of Marikana Widows Through Art and Narrative)

(Image Credit: The Journalist)

Gentle Justice

Gentle Justice

justice
awaits
victims wait
for some

whilst Special Ones
and the blindly faithful
get their way
and get away

Gentle Justice
an escape
from the glare
of the public

Gentle Justice
is what you get
when you are

well-known
well-resourced
well-connected
(pockets well-lined too)

(this in spite of our
Constitution lauded
and our Bill of Rights
and the like
on paper)

Gentle Justice
a higher-up gets
during Women’s Month

his just reward
for knowing
his place

(no shoot first or
fight fire
with fire)

justice awaits
and victims wait

A legal NGO’s spokesperson on morning SAFM radio has it that our Rainbow Nation’s night-clubbing higher-up deputy-male has gotten himself “gentle justice”.

(Photo Credit: Joseph Chirume / GroundUp)

On Women’s Day, who sings for Brenda Sithole? And tomorrow?

Brenda Sithole

August 9, 2017. It’s Women’s Day in South Africa, a national holiday that commemorates the 1956 women’s anti-pass march on the Union Buildings in Pretoria: “Now you have touched the women you have struck a rock: you have dislodged a boulder: you will be crushed.”Wathint’ abafazi, Strijdom! wathint’ abafazi,wathint’ imbokodo,uza kufa!” The women, 20,000 strong, sang that song on that historic day, and it has inspired, and continues to inspire. Inspirational as it is, it is a song of survivors, of those who lived to attend. Two weeks ago, in Gauteng not too far from Pretoria, 17-year-old Brenda Sithole committed suicide, or was killed, because she didn’t have proper papers to attend school, and so … she’s dead. She was not a rock. No boulder was dislodged. Brenda Sithole is dead. There was little notice at her death, and, today, August 9, 2017, who sings for Brenda Sithole?

Brenda Sithole’s personal story is brief. When Brenda Sithole was three months old, her mother left. Her mother died before registering her daughter’s birth. Brenda Sithole was raised by her aunt, Terry Sithole, and her father. Only recently was it discovered that Brenda Sithole didn’t have a birth certificate. When they were about to sort things out, Brenda’s father died. Brenda Sithole returned to school, explained the circumstances, and the school replied. According to Terry Sithole, “When school opened last Monday, she was told that the school wanted a birth certificate by the next day or she shouldn’t come back.”

That night, Brenda Sithole, by all accounts a happy child, a good student, a young girl with dreams for the future, went home, cut a piece of paper into the shape of a heart, wrote a note on that heart, and ended her life. The note reads: “”Am sorry. I do not mean to hurt anyone. Am sorry. I had loved and respected you all. I give my best to everyone but I felt like I did not belong here with you. I am only an embarrassment to you my family. I did not have a future even [though] I had big dreams that I wanted to see them come true but that was not going to happen because I was going to go to be kicked out of school because I did not have the rights like having an ID to show where I belong. I was just a normal person living my life at the [mercy] of God but yet that didn’t pay up. Am just useless.”

This is what happens in the state of abandonment. The State says that students must have birth certificates, and if a student doesn’t, she’s out. That’s it. Brenda Sithole was seventeen years old, a child. She had big dreams. For her, there was no rock, there was no boulder. Today, on Women’s Day, who sings for Brenda Sithole? And tomorrow?

(Photo Credit: News24) (Image credit: SA History)

Who’s your boss? Two South African courts decide in favor of workers

A specter is haunting the global economy: the specter of workers organizing. All the powers of the old and new global economy have entered into an unholy alliance to exorcise this specter, but it just keeps coming back. Actually, it never left. In South Africa this week, organized and organizing workers received encouraging decisions from two separate tribunals. In one case, workers hired through labor brokers, also known as temporary employment services, were told that if they are employed by someone for three months, that makes them employees of the contracting company. In the second case, Uber drivers were adjudicated as employees of Uber, rather than as `self-employed contractors.’ Both decisions will be appealed, but the decisions clarify the status of laborers as they affirm that workers know who they are and they know who their bosses are. Additionally, the decisions have clarified the lines of antagonism. Aspects of class struggle may change, but the essence, exploitation of workers’ labor time, has not.

The case concerning “temporary” workers involved the National Union of Metalworkers, Assign Services and Krost Shelving and Racking. Assign Services provided Krost with workers. Many of them worked for more than three months. The decision by the Labour Appeal Court in Johannesburg means that workers can’t be summarily fired, they have the right to appeal mistreatment, they have collective bargaining rights, and that they qualify for benefits, including retirement and health benefits. In other words, they are permanent workers, no matter what the terms of client to labor broker contract claimed.

This is a victory for workers considered by many to be among the most vulnerable. It also regulates temporary employment services to actual temporary employment status. Once the three months have been hit, the temporary employment services are no longer needed. This also means that workers who have fallen into this double bind, and they are many, can now begin organizing, and litigating, in response to previous damages.

That decision was handed down on Monday, July 10. On Wednesday, July 12, the Commission for Conciliation, Mediation and Arbitration, CCMA, ruled that Uber drivers are employees of Uber, and so are protected by South African labor laws. In this instance, former Uber drivers, who had organized into something called The Movement filed a complaint concerning unfair employment practices. In particular, they protested having been summarily dismissed by Uber, without cause, reason or possible appeal. They explained that being fired by Uber happens when Uber simply turns off their app. No warning, no process, no nothing. Just silence. Their appeal gained further weight when Uber claimed the CCMA couldn’t hear the case because the drivers are “partners”, not employees. The CCMA didn’t buy that, and so now, Uber drivers have the right to all protections afforded employees: collective bargaining, due process, strike.

Neither case is definitive, and further appeals are already in process, but the cases, individually and taken together, matter. Workers know who the boss is, and they also know the terms of workplace and workforce engagement. Both cases happened at all because of workers’ organizing and organizations raising a ruckus, finding good attorneys, and then raising more of a ruckus. Workers know the difference between temporary and permanent, and they know that permanence, such as it is, is only secured through collective action. The workers also know the entity that fires workers is the employer. Who’s the boss? Ask the workers.

 

(Photo Credit 1: Business Day / The Times) (Photo Credit 2: Quartz / Reuters / Siphiwe Sibeko)

a petite woman

a petite woman

Emma Mashinini was
we get to hear
on morning radio

a petite woman
that’s what she was

diminutive little elfin
tiny small short

Emma Mashinini has passed
trade unionist pioneer
pioneer trade unionist

a petite woman
that’s what she was

anti-apartheid fighter
fighter for women’s rights
a warrior on all fronts

women described
a woman described
differently to others
to men

(did we see
that appendaged
to late unionist
Ronald (Bernie) Bernickow
or music giant Ray Phiri)

a petite woman
that’s what she was

we have a long way

 

(Emma Mashinini’s short tribute (read by a woman) on SAFM’s (morning) AM Live gets this one going.)

(Photo Credit: Buzz South Africa)

It’s official: Hlengiwe Mhlambo and her 183 neighbors have a right not to be homeless!

This family lives in what used to be a kitchen

“and Makwerekwere drifting into and out of Hillbrow and Berea having split into Berea from Hillbrow according to many xenophobic South Africans and their glamorising media and into Braamfontein to sort out their refugee affairs and the streets of Hillbrow and Berea and Braamfontein overflowing with Makwerekwere come to pursue green pastures after hearing that the new president Rolihlahla Mandela welcomes guests and visitors unlike his predecessors who erected deadly electric wire fences around the boundaries of South Africa trying to keep out the barbarians from Mozambique Zaïre Nigeria Congo Ivory Coast Zimbabwe Angola Zambia from all over Africa fleeing their war-torn countries populated with starvation like Ethiopia”                                                                      Phaswane Mpe: Welcome to Our Hillbrow

Last Thursday, the Constitutional Court of South Africa ruled that judges cannot authorize an eviction order that will leave people homeless. Over the past 25 years, South Africa’s highest courts have ruled consistently that the rights of residents, including occupiers, matter. Even with those protections in place, this decision is viewed as groundbreaking and welcome. The case involves 184 people – 47 women, 114 men, 23 children – who have occupied an apartment building in the Berea neighborhood of Johannesburg’s inner city. Hlengiwe Mhlambo is one of the 184. She is forty years old, a mother of two, and an informal trader. For the past 14 years, Hlengiwe Mhlambo has lived in her apartment, eking out a meager living, raising her children, hoping to find, or better create, the once promised green pasture.

Current residents have occupied the building anywhere from four to 26 years. Vusumuzi Dlamini moved in in 1991, and has been living there ever since. Samkelo Myeza moved in in April 2013, and has lived there ever since. For Dlamini, Myeza, Mhlambo and all the residents, things started changining in 2013. A new owner served the residents with an eviction notice. The residents went to a local ward committee member, who said he’d investigate the matter. In September, the case went to court. The ward committee member attended. Four residents, known as appearers, attended. Hlengiwe Mhlambo was one of the four. The owner’s lawyers appeared. The appearers attended to appeal for a postponement. The ward committee member told the court that an agreement had been reached between the owner and the residents, and that residents had agreed to their own eviction. As the Constitutional Court notes, “The applicants were not legally represented.”

Hlengiwe Mhlambo is clear that she did not have the authority to represent the 184 residents and that she, personally, never agreed to be evicted. The main point is that that applicants were not legally represented. They had no lawyers. No one explained their rights. They never fully understood the proceedings. For example, they did not know that the law states that before a judge can issue an eviction order, she or he must consider “all the relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women.”

South Africa’s Constitutional Court decided that people have a right not to be homeless: “It is a well-established principle that an eviction from one’s home always raises a constitutional issue … The starting point is section 26(3) of the Constitution which provides that `[n]o one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances’. Accordingly, courts seized with eviction matters are enjoined by the Constitution to consider all relevant circumstances …  An order that will give rise to homelessness could not be said to be just and equitable, unless provision had been made to provide for alternative or temporary accommodation … Where there is a risk of homelessness, the local authority must be joined … Courts must be alive to the risk of homelessness and the issue of joining the local authority to discharge any duties it may have … All of this may appear unduly burdensome but it is necessary if one has regard to the fundamental importance that a person’s home has to the realisation of almost all human rights. More importantly, the procedure is constitutionally enshrined and legislatively enacted”

The residents were represented by the Socio-Economic Rights Institute, SERI. After the decision, their attorney Nomzando Zono, explained, “This is a momentous decision for millions of poor people across South Africa who live with insecure tenure and inadequate housing. As of today, our courts are forbidden from making eviction orders – even if they have been agreed to – until those under threat of eviction are aware of and able to exercise their rights, and until a Judge can be sure no-one will be left out on the streets.”

In the worldwide political economy of global cities, in which urban real estate is a driving economic force, we are so far from a politics that acknowledges “the fundamental important tht a person’s home has to the realisation of almost all human rights.” Last week, the South African Constitutional Court called on us, all of us, to remember the place of the home. No one can consent to an unfair eviction. No one can consent to homelessness. Homelessness is a violation of our most fundamental human and civil and Constitutional rights, wherever we live. Let’s join with Hlengiwe Mhlambo and make it so.

 

(Photo Credit: Twitter / Candice Nolan)

People don’t sleep because of the violence and crime

People don’t sleep because of the violence and crime. Early in the morning from 5am to 7:30 the screaming starts as people are robbed on their way to work and school. But the police resources continue to follow the apartheid patterns and, with the chance to change that unequal picture, the South African Police Service, or SAPS, is often making the same decisions as they did 25 years ago. So now we campaign for #PoliceResources.

Now they are suggesting building an extremely expensive police station in Muizenberg. People in Vrygrond, Seawinds, Capricorn can’t get to Muizenberg, but no matter. Communities in Delft, Nyanga, Mitchell’s Plain, Harare, Khayelitsha and many more are still not fixed. So, we need actions that join these dots and connect the different communities.

We held a meeting and here are some ideas from the room:

“We are gatvol” We are fed up and done with it.

Why 100 000 000 rand for one building???

We must watch how that money will be spent.

We must organize, not just the people suffering the worst crime and the least protection, but the white and re middle class too.

Interdict the SAPS, stop the building.

Occupy SAPS until we get a real commitment

#PoliceResources

 

(Image Credit: Facebook / Social Justice Coalition)

Bondita Acharya and Micaela Garcia refuse to let women be crushed

In case we needed any reminder, this week has already demonstrated that rape culture is expanding, intensifying and globalizing. Yesterday, across Argentina, thousands marched and protested violence against women, femicide, and rape. They marched under the banner of Ni Una Menos and Justicia Para Micaela. Micaela Garcia was a 21-year-old feminist activist who dedicated her life to the struggle to end femicide and violence against women. Last week, she was raped and murdered. In India, human rights activist Bondita Acharya criticized the arrests of three people for the crime of possessing beef. Very quickly after Bondita Acharya expressed her views, she was threatened with acid attacks, rape, and death. According to Bondita Acharya, “They threatened me with death, rape, acid attacks, and also hurled sexually explicit abuse to defame me … I also feel the anger was directed at me because I am a Brahmin and a woman.”  And in South Africa, yesterday, a prominent cartoonist decided to make his point by graphically describing the gang “rape” of South Africa. The nation was drawn as a Black South African woman, held down by three men.

Women have responded forcibly and directly to each and all of these atrocities. In Argentina, women mobilized by the thousands. As Marta Dillon, of Ni Una Menos, explained, “It is a day of mourning, but we know how to turn pain into power.” Nina Brugo added, “We are going to take revenge for Micaela by getting organized.” In India, Women against Sexual Violence and State Repression strongly condemned the persecution and harassment of Bondita Acharya, and are pushing the State to take action. Others have joined in the cause. In South Africa, women have led the charge against the abuse of their bodies and lives. Kathleen Dey, Director of Rape Crisis Cape Town Trust, capturing the feelings of many, wrote, “The impact of rape on survivors is severe, many will lie awake at night and are not be able to sleep or eat properly for days because of the powerful emotions they feel. Feelings of fear, anxiety and vulnerability in particular provide the kind of undermining emotional preoccupation that often prevents women from working, studying or parenting effectively. Reliving rape is easily triggered. It disturbs and disrupts everything rape survivors do and distresses the people close to them who feel helpless to do anything to mitigate these powerful feelings. The fact that these same women often face the stigma of being socially disgraced when they speak out about being raped is another example of rape culture. Challenging rape culture in South Africa and asking ourselves what a culture of consent might look like and how we would build that culture instead would be a worthy subject for the media.”

It would be a worthy subject indeed. In 1986, feminist political economist Maria Mies wrote, “It is a peculiar experience of many women that they are engaged in various struggles and actions, the deeper historical significance of which they themselves are often not able to grasp. Thus, they do in fact bring about certain changes, but they do not ‘understand’ that the changes they are aiming at are much more far-reaching and radical than they dare to dream. Take the example of the worldwide anti-rape campaign. By focussing on the male violence against women, coming to the surface in rape, and by trying to make this a public issue, feminists have unwittingly touched one of the taboos of civilized society, namely that this is a ‘peaceful society’. Although most women were mainly concerned with helping the victims or with bringing about legal reforms, the very fact that rape has now become a public issue has helped to tear the veil from the facade of so-called civilized society and has laid bare its hidden, brutal, violent foundations. Many women when they begin to understand the depth and breadth of the feminist revolution, are afraid of their own courage and close their eyes to what they have seen because they feel powerless vis-à-vis [the] task of overthrowing several thousand years of patriarchy. Yet the issues remain. Whether we – women and men – are ready or not to respond to the historic questions raised, they will remain on the agenda of history. And we have to find answers to them which make sense and which will help us to restructure social relations in such a way that our ‘human nature’ is furthered and not crushed.”

Thirty-one years later, rape remains on the agenda of history but too often not on the agendas of nation-States nor organizations nor the media. We still await that revolution.

 

(Photo Credit: José Granata / EFE / El Pais)

#RememberKhwezi today more than ever

Ahmed Kathrada died and was buried this week. Part of the funeral and mourning invoked an open letter Kathrada wrote last year, calling on Comrade President Zuma to resign. With Ahmed Kathrada’s death, that letter turned into a warning from the grave. On Wednesday, Ahmed Kathrada was laid to rest. On Thursday, in the middle of the night, President Zuma did what he does. He went for his machine gun and “reshuffled” the cabinet, in particular Pravin Gordhan. Once again, the President has thrown South Africa into uproar and disarray. Once again. In October 2016, Fezekile Kuzwayo was laid to rest. Fezekile Kuzwayo was better known, to the public at least, as Khwezi. Remember the One in Nine Campaign, the purple shirts, the women? Remember the four young Black women, dressed in black, last August, who stood, in silent protest, before President Zuma, and held up five placards: “I am 1 in 3”, “#”, “10 years later”, “Khanga” and “Remember Khwezi”? Remember Khwezi? We should, today more than ever. Today, more than ever, #RememberKhwezi.

Remember how Jacob Zuma responded to Khwezi? He sang umshini wam, Bring My Machine Gun. As Pumla Dineo Gqola has written, “When Jacob Zuma sang the hugely popular struggle toyi-toyi song `umshini wam’ when he was charged with rape, he understood the power of heroic masculinity, having previously embodied it himself and know how to reference it to shame Khwezi … Khwezi becomes the enemy and safe to treat in any way because she is an enemy that has been marked with associations that come from apartheid. All righteous, freedom-loving people are reminded of the wound of apartheid, incited to anger, always ready because the apartheid memory is too fresh in all of us, so that Khwezi becomes possible to burn. It is therefore not a huge leap from seeing her as a political enemy … to chanting `burn the bitch.”

And that strategy worked … up to a point. It didn’t work with Khwezi herself, who remained steadfast and revolutionary to the very end. It didn’t work with the courageous women of the One in Nine campaign. But it did work. Jacob Zuma walked free, while Khwezi and her sister comrades had to look over their shoulders more than once. Zuma has gone on to govern with his machine gun, or at least his love song to the machine gun, always already at the beck and call.

So, today’s tumult has everything to do with Pravin Gordhan, nuclear deals, state capture, and much more. Today’s tumult reminds us we should re-read Ahmed Kathrada’s letter from last year, and we should study it, discuss it, and share it, and make it part of a popular education campaign. And even more, we should remember the four young Black women who last year dared us to remember Khwezi, and we should remember the courageous women of the One In Nine Campaign, who dared to break the silence and challenged us to stand with and listen to the women who refused to shut up. And today, more than ever, we should remember the revolutionary Khwezi. #RememberKhwezi

 

(Photo Credit: Simphiwe Nkwali / Sunday Times)