Exiled Afghan women visit SA in bid to end gender violence
Malala Fund, in partnership with End Gender Apartheid Campaign, the Civic Engagement Project and Lawyers for Human Rights, has hosted a series of roundtable dialogues and discussions with some of South Africa's leading human rights activists as well as members of the judiciary.
At a roundtable hosted at the Nelson Mandela Foundation in Johannesburg, panellists included Professor Thuli Madonsela, Professor Farid Esack, Judge Margie Victor, and three Afghan women who are part of the delegation.
Escaping a forced child marriage. Suffering a broken nose for lifting a Burka in public. Shutting down beauty salons and schools. Keeping women and girl children 'in line' with physical punishment.
These were not sub-plots of a movie; instead, the horrifying truth of the lived experiences of the Afghan women in the room.
An activist and human rights defender for nearly 30 years, *Horia said she believes the Taliban's rule in Afghanistan is a silent tsunami: 'This is not our religion, this is not Islam, this is the Taliban. In Afghanistan, women who are found guilty of 'moral crimes' are subjected to 'honour violence', in the form of public beatings, torture and imprisonment.
Horia said that the delegation is in South Africa to draw on the experience of women who were subjugated under apartheid, and to learn more about the role the judiciary, civil society and the media could play in their fight for freedom.
Commenting on the voice of the judiciary, Judge Shehnaz Meer remarked: 'Judges generally don't have conversations. We talk through our judgements, in so doing be both apply and interpret the law, and it is open for us to do so in a humane manner and in a way that advances humankind. In a society like Afghanistan, where gender apartheid is legislated, there are no raw materials available for judges to converse about human rights through their judgments. This is reminiscent of a period in South Africa, post-apartheid, where judges had very few raw materials and were, by and large, state sympathisers.'
Meer went on to describe what she refers to as 'the activist judge', who is mindful of respecting the dignity of women in court, not shying away from intervening to protect their dignity in the case of gender-based violence or other. She also said that the activist judge does not preside as a silent arbiter, and ensures this standard is upheld at all times, without fear, favour or prejudice.
'This is the judicial voice that must be brought to bear in discourse on global gender apartheid. If the blueprint of judges in this country can be applied internationally, then judges would lend their voices in a meaningful and productive way to end the scourge that has resulted in women in Afghanistan being excluded from society and rendered invisible, in the workplace, education and (barred from) operating as human beings in society.'
Storyteller and activist *Gaisu said: 'The stories I've been collecting, women of Afghanistan as a grassroots movement have come together globally to unite, to use 'Gender Apartheid' as a tool or a framework for us, and serve as a reflection of what's happening in our country.'
Gaisu referenced the story of women in Afghanistan about the clothing she is required to wear, a black burka: 'What once felt elegant, now feels suffocating to me'. Another woman shared with Gauri that her life is marked by 'There is no laughter, I'm just trying to survive'. Her collection of stories offers a vivid picture of Taliban oppression, which arguably, mutilates the voices and the lives of women in her country.
Professor Thuli Madonsela says she has seen just how unsustainable injustice is: 'Ubuntu teaches us about our interconnectedness. It doesn't matter where you are, injustice catches up with you. So what is happening in Afghanistan will happen in another country, and another. What we tolerate, we are indirectly condoning.'
The delegation visited other countries before this trip to South Africa, where they were asked similar questions: 'What is South Africa saying about gender apartheid? Do you have their support?'
While the acceptance and universal adoption of 'gender apartheid' remains a subject for discussion and review, the Afghan women who participated in this exploratory visit to South Africa are clear: 'We want our stories to be told. We want to be heard. We want our mothers, sisters, and daughters to live in a free society that no longer oppresses or silences them.'
Horia offered the first roundtable food for a little more than thought: 'We will remember the words of our enemies. We will remember the silence of our friends'.
Diane Naidoo is a freelance writer with 30 years of experience in PR and communications. She lends her voice to stories about social impact, climate action, and sustainability. While she led the advocacy and lobbying campaign for renewables in South Africa in 2010, she is also an avid cricket fan, working on the IPL and SA20, as she believes in the transformative and unifying power of sport.
*Full names of the Afghan delegation are not used to protect the identities of the women and their families who still live in Afghanistan.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Maverick
3 hours ago
- Daily Maverick
Nine Wasted Years: State Capture and the failure to implement the Zondo Commission's recommendations
The Zondo Commission provides a valuable framework to eradicate State Capture and we must begin implementing its recommendations. We simply cannot afford another nine wasted years. This year marks nine years since advocate Thuli Madonsela released the ' State of Capture ' report and three years since the 'State Capture Commission' came to an end. R1-billion was spent on the State Capture Commission, yet we still have no significant progress in addressing State Capture cases. What we do have is multiple excuses from institutions tasked with implementing the commission's findings and recommendations. The Civil Society Working Group on State Capture has been tracking the implementation of the findings of the commission, and what we have found is a generally lacklustre approach to addressing State Capture. How can we expect corruption and State Capture to be eradicated if we are failing to implement the most basic of recommendations that were set out in the commission's report? The Zondo Commission The Zondo Commission, led by Former Chief Justice Raymond Zondo, was a commission of inquiry into allegations of State Capture, corruption and fraud in the public sector, including organs of State. It came about from the findings of former public protector Madonsela, who looked into allegations of crooked appointments of Cabinet ministers, directors and awarding of state contracts and other benefits. Her key recommendation was the appointment of a judicial commission of inquiry headed by a judge. The terms of reference of the Zondo Commission were very broad in scope, with the commission being appointed to investigate matters of public interest concerning allegations of State Capture, corruption and fraud. The commission found that State Capture did indeed take place between 2009-2018, the so-called 'nine wasted years' of the Jacob Zuma administration. The commission made extensive recommendations, some specific and focused and others much broader and far-reaching, including recommendations for the investigation and potential prosecution of some individuals and reform of various government processes and institutions. During this year's State of the Nation Address, President Cyril Ramaphosa revealed some of the progress being made in addressing State Capture. According to Ramaphosa's address, the SIU and Asset Forfeiture Unit had recovered R10-billion in State Capture-related cases. Ramaphosa also said that Parliament would introduce two key pieces of legislation relating to State Capture, one on combating money laundering and the other on protecting whistle-blowers. What is being done to ensure State Capture is addressed? Asset Recoveries The commission recommended coordinated action from various law enforcement entities including the Asset Forfeiture Unit (AFU), the Independent Police Investigate Directorate (Ipid), the Hawks, the Financial Intelligence Centre, South African Revenue Service (Sars), Reserve Bank, and the Special Investigating Unit (SIU) to achieve the recovery of monies lost to State Capture. The progress in recoveries is very slow – only R10-billion has been recovered from State Capture investigations. The money that the state spent that was tainted by State Capture amounted to R57-billion, with Eskom and Transnet's fraudulent contracts making up the biggest chunk. Of this money, the Guptas received R15-billion. Some estimate that the true cost of State Capture and corruption during that period is in fact R500-billion. So the recoveries are a really small fraction of the cost of State Capture and corruption. Combating money laundering At the end of 2022, Parliament passed the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, to avoid the 'greylisting' of South Africa by the Financial Action Task Force (FATF). This was an important move toward ensuring financial transparency. However, the challenge is ensuring the beneficial ownership register is functional, accurate and accessible. This year, the President said South Africa would strengthen the legislation with further legislative and systemic improvements. It should include these elements. Whistle-blower protection Most of the evidence from the Zondo Commission came from whistle-blowers, and the commission was very clear in its recommendations relating to whistle-blowers, detailed in Part I Volume 4. However, to date, the whistle-blower legislation framework remains incomplete. In July 2023, the Department of Justice released a discussion document outlining proposed reforms. While the document includes several commendable proposals aligned with the Zondo Commission recommendations and civil society submissions, it fails to consolidate the existing complex and inconsistent legal framework, which remains a major obstacle for whistle-blowers. Additionally, it dismisses the idea of offering incentives to whistle-blowers. Civil society has argued that the proposed legislation is inadequate, and the outcome of the legislation to be introduced remains uncertain. Parliament The commission highlighted how parliamentarians failed in their duty to hold the executive accountable and prevent State Capture. Despite the commission's damning findings, MPs continue to neglect their responsibilities, prioritising party loyalty over the public good. Once again, we see most MPs not implementing the commission's recommendations and essentially not recognising the importance of the process to strengthen democracy. Many seem unaware that they play an important oversight role over the Presidency and the appointment to SOEs and legislative reform. Outa has closely monitored parliamentary activities and believes that Parliament's ongoing failure to combat State Capture and entrenched corruption remains a major threat to democracy. Some of the accused in the State Capture Commission, like Lucky Montana, Brian Molefe and Siyabonga Gama, are serving as MPs in Parliament for the uMkhonto Wesizwe party. Cedric Frolick, David Mahlobo and Malusi Gigaba serve as MPs for the African National Congress (ANC). These MPs oversee the institutions they are accused of collapsing and oversee the implementation of the Zondo Commission recommendations. Only a small number, such as Zizi Kodwa, have been held accountable, though with limited consequences. Criminal Justice System (National Prosecutions Authority) Most of the recommendations of the Zondo Commission were for further investigations and prosecutions. No high-profile politician or corporation has been successfully prosecuted. Even with enough evidence, the NPA has failed to prosecute major State Capture cases like Prasa, Transnet and Eskom. Moreover, the collapse of the extradition of the Gupta brothers and the implosion of the Nulane case raise serious concerns around the NPA's effectiveness in handling State Capture cases. The bungling of high-profile State Capture cases is unfortunate, because it shows that elites can get away with impunity because the state is failing. What should we be doing? Without fully addressing State Capture at all levels, we continue a cycle of establishing commissions of inquiry without making the systemic change needed for non-repetition. We need to ensure that State Capture is fully addressed. For this to happen, all state parties need to come on board and do their part. As for civil society, we will continue to apply pressure to state institutions and corporations to take accountability and redress their role in State Capture. The Civil Society Working Group on State Capture will continue tracking the implementation of Justice Zondo's recommendations, and we will be coordinating campaigns on whistle-blower legislation and keeping an eye on the upcoming NDPP appointment process. We simply cannot afford another nine wasted years. We need to spotlight the anniversary of the Zondo Commission to track the progress of State Capture and to keep the conversation concerning State Capture on the national agenda. The true impact and cost of State Capture will never be understood. Its severe impact will continue to be felt by the most vulnerable in our society for years to come. The Zondo Commission provides a valuable framework to eradicate State Capture, and we ought to begin implementing its recommendations now. DM Letlhogonolo Letshele is a campaigner at Open Secrets and represents Open Secrets and the Civil Society Working Group on State Capture. Open Secrets is a non-profit organisation which exposes and builds accountability for private-sector economic crimes through investigative research, advocacy and the law. To support our work, including the investigations that go into the Unaccountable series, visit Support Open Secrets.
IOL News
10 hours ago
- IOL News
Public discourse is good for South Africa, but it must be healthy and respectful of others
Respectful wide-ranging exchange of views good for society In a world increasingly defined by polarised opinions and contentious debates, the ongoing Israeli-Palestinian conflict has become a focal point for discourse in various media outlets worldwide. The Daily News has received a flurry of letters from passionate, esteemed writers have contributed to an intricate dialogue about the intersection of religion, history, and politics surrounding this issue. While this publication remains committed to informing and educating its readers, the delicate nature of these discussions presents both a challenge and an opportunity to facilitate understanding. We value the contributions of our letter writers, which provide a rich tapestry of viewpoints on Zionism, Christian Fundamentalism, and Islam. These letters exemplify the diversity of opinions that exist in our society, promoting a nuanced discussion about an extraordinarily complex issue. Each entry serves not only as an individual opinion but as part of a broader conversation about global ramifications and historical contexts. As the editor of the Daily News, my responsibility is to curate these discussions while balancing the presentation of differing viewpoints. Our editorial policy promotes open dialogue, reflecting a commitment to fostering a space where even controversial ideas can be exchanged. However, it is important to delineate the boundaries of this discourse; we cannot condone hate speech or racist rhetoric, nor can we allow for the promotion of violence and discrimination. While we encourage ongoing examination of the Israeli-Palestinian issue, it is essential to consider our own pressing national concerns. South Africa stands at a precipice, and it is in this introspection that we may find the roots for real change. After all, as the saying goes, 'charity begins at home.' Engaging with our local issues may not only provide the respite needed from global complexities but also foster a broader understanding of struggle, resilience, and hope.
IOL News
3 days ago
- IOL News
South African Lens: Pakistan's Divorce Laws Leave Women in Financial Limbo
As it stands, Pakistan follows a model where property remains separate unless jointly titled—regardless of a woman's unpaid contributions to the household or her support for her husband's career. This issue has been spotlighted in Pakistan's courts. Image: Supplied In many societies, divorce is not just a personal rupture but a financial reckoning — especially for women. This is starkly true in Pakistan, where the legal system fails to recognise a woman's right to marital property, often leaving divorced wives with little more than the clothes on their backs. For South Africans watching global gender justice trends, Pakistan's legal landscape raises urgent questions about how tradition, law and social norms can entrench inequality in the private sphere. Despite Islam's emphasis on justice and the protection of the vulnerable, Pakistani women who exit a marriage often do so without any claim to assets acquired during the relationship. This is because Pakistan does not currently have legislation that guarantees women a share in property accumulated while married. As it stands, the country follows a model where property remains separate unless jointly titled, regardless of a woman's unpaid contributions to the household or her support for her husband's career. This issue has been spotlighted in Pakistan's courts. The Lahore High Court recently instructed the federal government to consult on a proposed amendment to the Muslim Family Laws Ordinance of 1961. The amendment, initially brought forward by Senator Barrister Syed Ali Zafar, introduces terms such as 'matrimonial asset' and seeks to give women fairer recognition of their contributions. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The court's intervention may become a turning point, as public discourse grows around the injustice of women leaving long marriages with nothing, despite having raised children, run households and sacrificed careers. To understand the impact, it helps to look beyond Pakistan's borders. Countries such as Turkey, Malaysia and Morocco — Muslim-majority states like Pakistan—have adopted laws that balance Islamic principles with modern family realities. In Turkey, marital assets are presumed to be jointly owned unless otherwise agreed. Malaysia takes both financial and non-financial contributions into account when dividing property. Morocco's Family Code permits couples to decide beforehand how to share property, with the law recognising joint management during the marriage. These countries demonstrate that religious values and women's rights need not be in conflict. Legal frameworks can uphold the dignity and equality of both spouses, particularly when marriages dissolve. Currently, Pakistan's system mirrors what legal scholars call a pure separate property regime. Under this model, property belongs only to the person who earned or acquired it. There is no assumption that marriage creates an economic partnership, and courts generally require strict proof of ownership. This often disadvantages women who have worked in the home or made indirect contributions, as they lack titles or formal income records. South Africa, by contrast, provides multiple options when couples marry, including community of property, which assumes equal ownership of assets acquired during the marriage. This legal approach acknowledges that both spouses contribute to the financial foundation of the household, even if in different ways. South African courts, when dividing property, also take into account each partner's needs, contributions and the duration of the marriage. It is a system far more aligned with the complex social reality of marriage than Pakistan's outdated laws. The cost of inaction in Pakistan is high. Women who divorce often lose access to shelter and income. Even where they have invested years in managing the home or caring for children, the law offers no recourse. Many end up dependent on their families or feel pressured into remarriage for economic survival. This perpetuates gendered cycles of poverty and limits women's agency. Pakistan has ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which requires states to ensure equality in marriage and family relations, including property rights. CEDAW's guidance calls for equal access to marital assets. Other Muslim-majority countries have made strides toward compliance. Tunisia and Iran, for instance, have introduced property-sharing rules that acknowledge both partners' roles in a marriage. Pakistan, however, remains out of step. Legal reform is not only a technical matter. It is about recognising that women are equal partners in family life, deserving of financial security when that partnership ends. Amending the Muslim Family Laws Ordinance to define and protect matrimonial property would help courts provide more consistent, fair outcomes. It would also signal that Pakistan is serious about its commitments to gender equality, both to its citizens and the global community. For South Africans, watching this debate unfold is a chance to reflect on how far we have come and how far others still need to go. In a world where women's rights are constantly under pressure, the battle for fairness within the family is as important as any public policy reform. Pakistan stands at a fork in the road. One path leads to continued injustice and economic hardship for women. The other leads to fairness, dignity and the recognition of women's work — paid or unpaid—as valuable and deserving of protection. The choice, now, is in the hands of lawmakers.
