Magister Legum - LLM / In South Africa corrective rape is committed by African men as a form of social control to cure women of their homosexuality. The problem with corrective rape is that the victims of this crime are mainly black African lesbians, particularly those in townships who are seen to challenge patriarchal gender norms. Therefore discrimination on the basis of gender, race, sex and sexual orientation is called into play. Section 9 of the Constitution provides that the state may not unfairly discriminate directly or indirectly against anyone on one or more specified ground which include gender, race, sex and as well as sexual orientation. Further, no person may unfairly discriminate against anyone on one or more of the same specified grounds. Thus, the black African lesbians affected by corrective rape are protected by the equality provisions of the Constitution upon which discrimination is prohibited. In addition, the impact of discrimination on lesbians is thus rendered more serious and their vulnerability increased by the fact that the victims are black women. In the context of black African lesbians, it is believed that these women are a threat to the manhood as well as cultural beliefs of the perpetrators. Perpetrators, therefore, can justify their actions on the constitutional right to culture. This position obviously reopens the debate on the conflicts between African culture and tradition with human rights within the context of corrective rape which ultimately continues to militate against the adequate protection of women’s rights. Against this background, this research will focus on how South Africa is balancing its constitutional mandate in relation to the black African lesbians affected by corrective rape. It will be argued that for victims of corrective rape to be adequately protected it is necessary to define corrective as a hate crime and not merely the crime of rape. In addition, it will also be argued that because there is an inherent conflict between the right to culture of the perpetrators and the constitutionally protected rights of the victims of corrective rape, courts, in enforcing the rights of these victims should also address this conflict. The importance in recognising this conflict lies in the fact that one needs to take into account that both the perpetrators and the victims are protected by the Bill of Rights and that one cannot disregard the importance of either of their rights.

Magister Legum - LLM

Thesis (LLD.) -- University of Limpopo, 2021 / The private sector in South Africa lags in proliferating black African women into managerial positions. This is so despite the Employment Equity Act (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. Since the EEA, the private sector has been white male-dominated and white females enjoy preference in terms of recruitment compared to black African women. Despite the legislative gaps in South Africa, the South African private sector demonstrates its unwillingness to transform it's by managerial positions by engaging in race-based recruitment, failing to train and develop black African women within the workplace, failing to create pipeline mechanisms into managerial positions and creating a workplace environment that caters for the needs and interest of women at leadership levels. The progression of black African women requires South Africa to adopt a quota system that will result in the private sector being compelled to appoint suitably qualified black African women. The EEA does require the private sector to apply affirmative action measures to achieve equity in the workplace. It is submitted that since 1998 the private sector has been provided with an opportunity to set their targets to achieve equity, 20 years later black African women are excluded in key managerial positions. Some private sector companies engage in fronting practices to obtain a Broad-Based Black Economic Empowerment (BBBEE) certificate that enables the company to do business with the State. Black African women who are appointed as a ‘front’ do not obtain the necessary experience in managerial levels and as such limits their economic participation. Exposing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. Without a clear, a quota law in South Africa, the South African private sector would not be persuaded to accelerate the equitable representation at its managerial positions. xiii