RWM Rural Women’s Movement

The Women’s Rights Gateway A periodic publication of the Rural Women’s Movement

Vol. 1/2012

Rural Women's Independent Rights to Land, Property& Inheritance

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By: Tumusiime K. Deo RWM Volunteer For the over 79% Blacks in the country, South Africa can-not feel like home as long as they continue to languish in poverty whilst watching their white colleagues flourish like they always did during the apartheid era. The joy and victory songs echoed as Nelson Mandela stepped out of Robben Island, seem to be slowly waning particularly be-cause most of the land in the country remains under the tight grip of the white minority. According to the Director for the Rural Women’s Move-ment Sizani Ngubane, the whites strategically allocated themselves all the fertile and arable lands, reserving un-productive and rocky patches for the black citizens. Pub-lished statistics, indicate that an estimated 24Million South Africans live below the poverty line of 322 Rand a month and therefore, cannot produce enough food to feed their families. A 2012 report pro-duced for RWM by Jacquelin Kataneksza, Rid-dhima A. Mehta and Gary A. Weingarten from the Graduate Program in Interna-tional Affairs at The Milano School of International Affairs, Management and Urban Policy; indi-cates that an estimat-ed 61% of the popu-lation in Kwazulu Natal, lives in pov-

erty. The report titled “Confronting Food Insecurity” reads in part, “Rural households, particularly female-headed households in KZN have been reported as economically disadvantaged. As a result, food deficits are pervasive: households are unable to produce enough food to last until the next harvest (Mtshali, 2002).” Needless to emphasize is the reality that about 83% of the country’s land is still under the ownership of the whites. Ideally, even if the remaining 17% were to be productive land, it would be far-fetched to expect more than three quarters of the country’s population to adequately live on that.

Part of the Mondi commercial forests reportedly covering over 684000 hectares of land. It is said that hundreds of people were bought off this land after being promised jobs and other enticements. Analysts feel that this was one of the large scale rip offs that have left many Black South Africans landless. RWM photo

Blacks gnash in poverty despite end of apartheid

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From page 2 One does not need to look so far before experiencing the reality of the biting poverty in South Africa. Three (3) hours’ drive out of Durban City in Kwazulu Natal Prov-ince, you begin to feel as if heading into a completely dif-ferent country. The topography in Uthungulu district for example, is not only more raised than the white owned are-as, but the soils there cannot support any sustainable farm-ing. People are living in fragile huts; they can barely afford two meals a day, children study in very unhealthy condi-tions particularly during the rainy season; and the worry over their homes being washed away by heavy rains, simp-ly compounds the people’s misery. As I drove away from Uthungulu back to Durban City some weeks ago, for about 3 hours my eyes were glued to a whole new world; well tended farm, fully equipped with irrigation facilities . The gap between whites and blacks is plainly evident. One cannot hesitate to conclude that South Africa is practically two countries in one. While the political leadership tends to blame food insecuri-ty on climate change which is a global phenomenon, there are more localized factors that deserve keen attention among them; White favor-itism, effects of Land Dis-tribution (or lack of it), lack of an Inclusive Food System, lack of Basic In-puts, Services and Finan-cial Resources, and Poor unrepresentative Govern-ance. It ought to be equally em-phasized that in 1996, gov-ernment fell in a trap by inserting a property clause in the constitution, which has now bounced back, making it very complicat-ed to reclaim the Millions of hectares of land under the white farmers’ noose. Government suggests that land would be reclaimed

through the policy of willing buyer; willing seller. Howev-er, the all-important question must be asked: How can the poor woman in Nkandla who cannot afford two meals a day, be able to purchase a piece of land? The Right to Property ownership may be an international human rights standard; But; this must be adopted in perspective, consid-ering South Africa’s unique history. At this point, government establishment ought to show cause why so many people can afford to live in poverty under their leadership. The rural woman is crying, she’s asking: Where’s the freedom we fought for? Where’s the 30% of land promised in 1994? Where’s the reward for Nelson Mandela’s painful 27 years in prison? Or have our leaders quickly forgotten all the virtues we not so long ago fought hard to achieve? Analysts say that Nelson Mandela’s heroic gesture of de-claring South Africa a Rainbow Nation seems to have been misinterpreted, because as long as the people are not given a chance to equitably share in the resources of their own country, the rainbow will remain but a mere illusion.

Fruits may be healthy for the body and might-but an estimated 13Million people living below the poverty line of 8 Rand a month, these cannot afford a fruit of this nature

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“The people’s voice was loud and clear; that the Tradition-al Courts Bill is flawed and ought to be fixed before it is passed. We shall continue to oppose this and other pieces of legislation intended to inflict more pain especially on the rural women and girls, who face blunt brutality at the hands of most traditional authorities almost on daily ba-sis”, says Sizani Ngubane, the Director Rural Women’s Movement.

The much publicized Traditional Courts Bill (2008) was intended by the South African government to harmonize traditional authorities’ operational framework with the Constitution. However, analysts have expressed deep con-cerned about the apparent politicization of traditional structures and distancing them from the expectations of the masses. An estimated 18Million South Africans reside in rural areas that fall under the jurisdiction of traditional authorities.

Among other contentious issues in the Bill includes; ex-clusion of legal representation, the question of gender ine-qualities, the issue of opting out of using traditional courts in favor of other courts, prescription of harsh punishments, and blatant negation of the constitutional provision on sep-aration of powers.

The banning of legal representation in criminal cases con-travenes the Bill of Rights and Section 35 (3) (f) of the Constitution Act 108 of 1966 which, “guarantees the right to legal representation of an accused person even at the State's expense, if need be.

Besides all this, notes Sizani, more than half the total number of chiefs commonly known as “Amakhosi”, origi-nate from questionable lineages, yet they continue to be recognized by the government.

The Rural Women’s Movement has registered accounts of the untold misery inflicted especially on rural women by traditional leaders particularly in regards to land owner-

ship and the practice of Ukuthwala (arranged and forced marriages), both of which are in sharp contrast with inter-national human rights standards. Incidentally such practic-es are a reflection of the age-old male domination over women, and therefore require deliberate policies by the national and provincial governments to get them uprooted.

Case 1: 82 year old grandmother had her food garden be-ing constantly destroyed by a herd of cattle from eMangweni Community. We encouraged her to report the matter at eMangweni Traditional Court. She travelled more than 10 Kilometers from her home to this communi-ty, only to find that the traditional court did not tackle her case because this court does not speak to women.

Case 2: At Zululand District, when a member of the com-munity loses a family member, they have to go to the chief to request a letter of proof of residential address for them to be able to register the death of their loved one and be able to bury her/him. Before issuing the letter of proof of residential address, the chief goes through his financial books to check if the deceased or his or her family mem-bers have been paying their levies.

In one case, the chief found out that the father who had passed on had not been paying his “uKhandampondo” (male tax). So, he refused to issue the letter of proof of residential address in order for the family to access his insurance policies and request the Depart-ment of Home Affairs to register his death. The family didn’t have the money to pay the chief his outstanding arrears and could not bury their father for three (3) months. They were only able to pay the outstanding ar-rears after their neighbor had received ilobolo (bride price) for his daughter. Each male resident is supposed to pay 20 Rand in uKhandampondo per month, for a lifetime. Fail-ure to pay, denies the culprit services of the chiefs.

Traditional Courts Bill-the hated legislation

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It has been dubbed in some circles as a miracle plant, and this has unquestionably been confirmed by Dr. Tesfay Samson, a senior Scholar at the University of Kwazulu Natal. “What makes Moringa interesting is the fact that it is medicinal, therapeutic, nutritive and extremely effective in combating malnutrition”

During our brief interview at Pietermaritzburg recent-ly, Dr. Tesfay revealed the budding plan to distribute an estimated 125 Moringa tree seedlings to 25 women in the South Coast of Kwazulu Natal. Working in partnership with the Rural Women’s Movement, they intend to provide the women with training, and farm tools to enable them reap the most out of their plants.

Dr. Tesfay estimates that a single Moringa tree can produce at least 25Kilograms of seed, each valued at 1500 Rand. By implication, if everything works out as planned, in a single harvest, each of the women under the Moringa project could walk away with 187,500 Rand per harvest, not to mention the additional bene-fits from the rest of the parts of the tree including roots, leaves and stems. It is estimated that the first harvest could be realized within only 6months from planting, and is said to be drought resistant. Moringa

According to Sizani Ngubane the Director Rural Women’s Movement, the women will be helped to set up their own seed beds as a way to guard against the proliferation of Genetically Modified strains that could have long term negative impacts on the project.

Moringa: South Coast Rural Women destined for wealth!

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Quotations “A woman is like a tea bag; you never know how strong it is until it's in hot wa-ter.” Eleanor Roosevelt “You educate a man; you educate a man. You educate a woman; you educate a gen-eration.” Brigham Young “What would men be without women? Scarce, sir...mighty scarce”― Mark Twain “In politics; If you want anything said, ask a man. If you want anything done, ask a woman”― Margaret Thatcher “Every man I meet wants to protect me. I can't figure out what from”― Mae West “The thing women have yet to learn is no-body gives you power. You just take it”― Roseanne Barr “When a woman becomes her own best friend life is easier”― Diane Von Furst-enberg "Women have been trained to speak softly and carry a lipstick. Those days are over"__ Bella Abzug

EDITORIAL Dear esteemed readers, Thanks for sparing some time to read our newsletter titled, “The Women’s Rights Gateway”. It is the intention of the Rural Women’s Movement to make this a regular publication, and in-deed serving as a gateway for raising the voices of the rural women, who would otherwise never be heard through the tradi-tional channels of communication. For our initial edition, we have put together a cocktail of sto-ries drawn from various parts of the Kwazulu-Natal Province, plus other informative items that might be of interest. Sad to say that despite apparent efforts to address the light of wom-en through legislation, the situation on the ground remains quite wanting. Using her small resources, RWM is making an ef-fort to raise a sense of hope amongst over 50,000 women cur-rently faced with enormous challenges ranging from abject poverty, hunger, diseases especially HIV/AIDS and very low morale and esteem. Our intention is to reach the message of hope as far and wide as possible, and to rally the support of local and national authorities and our international partners to-wards our cause. We do hope that the stories published in this newsletter will help to ignite in you some empathy for the rural woman, and cause in you a drive to join the struggle towards liberating the rural women in South Africa. RWM appreciates your feedback and suggestions. We may pub-lish a selection of the same in our subsequent newsletters. Sizane Ngubane, Director Rural Women’s Movement

RWM Rural Women’s Movement

“Look at me; am in this house alone with my orphaned little girl. If they get to know that I spoke to you about this matter, the reward is death”, said Mama Umkungu (not real name, on request-Editor]when RWM members visited her home recently; but what a welcome refresh-ment from this widow in Kwazulu Natal! It was only af-ter we assured her that we were working with an organi-zation that helps to address women’s challenges that she was able to open up the full story about the ill treatment of women in her village by the traditional authorities.

Notwithstanding the fact that women are expected to pro-vide food for their children and husbands, when it comes to land ownership, it’s the preserve of men! In very few cases, where say women groups are given permission to operate on the land, it’s later taken away from them arbi-trarily under the disguise that they have failed to effec-tively utilize it. This was the case with the group of women Mama Umkungu works with. Having secured a certificate from the ‘Custodian Board’ to utilize the land in question, the area chief denied the women the Permis-sion To Operate, and word has it that the same chief is colluding with some businessmen to lease off the land!

In another village, we captured a case of one lady identi-fied as Duduzile Xaba (67) who was also threatened with death after she attempted to reclaim a piece of land be-stowed unto her by her late father, Solomon Railton Xa-ba. According to her account, Ms Duduzile was named heir to her father’s land located in Kwazulu Natal; and evidence of this is contained in the will, dated 3rd August 1988. The will reads in part; I hereby appoint as heir of my entire estate Queeen Eunice Xaba (born Dube): Since

my spouse is an heir of mine, I hereby provide that on her death, her entire inheritance shall devolve upon my daughter Clarice Duduzile Xaba…

However, her father’s wish was dishonored as Duduzile’s half-brother reportedly conspired with the Inkosi (Chief) of the area to frustrate her efforts to occu-py her father’s land. In fact, she recounts a number of instances when her half-brother threatened to kill her in the event that she did not give up on the land.

When Ms. Duduzile rushed to report to the area chief, the chief rudely asked her, “Why did your father write the will in your name? Didn’t he have a son to write a will in your name?” Yes, many chiefs disregard women’s claims, demanding that they be represented by a male relative!

The government of South Africa has made an effort to provide for the rights of women in law, but not much has been done on implementation. Women particularly in the rural communities continue to be considered as second class citizens and are helplessly ridiculed by their male leaders. It is not enough for government to put in place rosy pieces of legislation with no tangible systems on the ground to implement them. Otherwise the equality be-tween men and women as mentioned in the constitution remains a far cry unless something is urgently done to fix the situation.

Women’s right to land; a question of life and death!

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During one of the meetings in which the Rural Wom-en’s Movement was invited to have a talk with wom-en in eNkandla district, amazing scenes were witnessed. In the midst of over 40 women that had come to attend the meeting held at the Mazu-khashe Agricultural Centre, sat an un-named gentleman, making a ratio of 40:1. I later got to know that the gen-tleman was one of the Indunas (Headman) in the village and was thought to be spying on the women’s discussions! His presence terrorized the women so much that when it came to question time, hardly any of them was willing to commit. Inter-estingly another meeting was held in

a nearby village, this time manned by a female chief. The chief at-tended the meeting from start to finish. In this meeting though, women were very free and they expressed their view openly with-out any fear. This implied that women are freer before their very own, and are too intimidated to talk before their male leaders. I later joked with one of the women that if they had wanted, they could have mugged the Induna out of their meeting-surely one man could not have out powered 40 women! The women said that while many

people think eNkandla is very developed just because it’s the President’s home area, there’s little to prove this other than the President’s perimeter compound

When will women outgrow men’s intimidation?

A group of women fron iNkandla attending the meeting at Mazukashe

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Amahlubi- the community with mixed fortunes

By: Tumusiime Deo, RWM Waiting 100 years to regain the land their ancestors once called home was long enough, and now that the Amahlubi community finally reclaimed their land, the message from the people is clear-No turning back. Gov-ernment handed 8,600 hectares of land back to the Amahlubi community 12 years ago in a ceremony attend-ed by then President Thabo Mbeki, H.M Chief Goodwin Zwelithini and a number of other notable dignitaries, but since that ceremony the people say that government abandoned them and has never returned to offer any sup-port towards developing the land and improving the peo-ple’s livelihood. The sweet promises and optimism expressed by then Minister of Agriculture and Land affairs Ms. A.T Didiza at the Amahlubi Title handover ceremony, seems to have all been mere political rhetoric. During a recent visit to the community located about 2

and a half hours’ drive from Durban, it was evident that the land in question is punctuated with deep artificial spiky valleys, created by massive soil erosion, which community members fear could soon wash their gardens and homes away with time. Amahlubi is a low lying area surrounded by tall mountains, and during heavy rains, powerful floods normally cause untold damage; and un-less government quickly intervenes to address this issue, it could turn out that the people of Amahlubi were simply offered nothing but ‘hot air’. In addition to soil erosion Amahlubi community members pointed out the issue of poor infrastructure, far-off pension pay centres, and lack of adequate clean water, among others.

Part of the Amahlubi land devastated by soil erosion– RWM photo

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From Page 9 Amahlubi women-The perfect victors of South Africa While the rest are waiting for miraculous intervention from government, a group of women calling themselves the Bhekuzulu Senior Citizens have vowed not to sit back and watch while an already bad situation grows from bad to worse. The group headed by uMama Ntombiza Sithole started in 2008, and comprises of over 30 women of all age groups including 20 young girls who are interested in fur-thering the cause to kick poverty out of their homes and Amahlubi Community at large. They have also welcomed the involvement of young and energetic boys, forming a perfect blend of an organization with a fat dream for the future. Supported by the Rural Women’s Movement, the group has so far secured a piece of farmland where they intend to

grow crops to supplement their food requirements. In addi-tion, thanks to finances from National Lottery, the group has purchased musical instruments to facilitate their cultur-al leisurely performances and possibly income generating. In addition, grants from Mama Cash Netherlands and other funders, have been directed towards developing the group’s garden as well as producing handicrafts. The group is actively involved in the struggle against the Traditional Courts of 2008. They have prepared oral and written submissions to be presented before the Portfolio Committee at National Parliament in Cape Town and at provincial level. When RWM visited the group, the messages of unity, joy and hope were written all over their faces as the ecstatically

took to their feet in frenzied dancing. They acted as a fami-ly unit, a character that has kept the group united now over 4 years-and indeed if they keep the pace, the sky may not even be the limit. The group passionately thanked the RWM Director Sizani Ngubane for standing strongly for their rights. They acknowledged that thanks to RWM’s efforts, now they can speak out their voices in the traditional and local councils without intimidation. Furthermore, they recognized RWM’s contribution towards the hygiene project, the train-ing offered to young women in the use of ICTs, support towards fencing of their garden, and purchase of vital equipment including a modern music system, among oth-ers. Looking into the future, the women have an ambition of producing enough food, handicrafts and other items for large scale commercial purposes. “If we continue like this, we will grow and one day we’ll see trucks coming to take our crafts and crops,” one jubilant woman said. Voice from the traditional authority RWM had an opportunity to speak to Traditional Council officials from Amahlubi Community in uThukela district recently, and they vehemently denounced the practice of ukuthwala as unnatural to the Zulu cultural tradition. Indu-na P.Mnguni (76) joined the Traditional Council in 1976 and according to him, the practice of ukuthwala is criminal and those doing it must face the law. “It doesn’t happen here,” he said. On the question of women being denied the right to own land, Induna Mnguni said he did not think this is right, adding that in Amahlubi, women are allocated land and are allowed to register it in their names. When RWM later met a group of women organized in their Bhekuzulu Senior Citizens group. The women said in a chorus, that gone are the days when they were intimidated by their male counterparts. In fact, one of them figuratively stressed that if they are attending a traditional council meeting and a man raises his hand to shut a woman up, the woman will eely march under the man’s hand to the front and raise her point. The women soon burst into singing, resounding victory as they rhythmically shook their bodies in the traditional Zulu dance styles. In one of the songs, the women say that even if it means going to Parliament, they carry on the fight for justice. It was indeed fun to watch- yet while Amahlubi community is beaming with visible liberty for women, the situation in other areas remains wanting. It is at this point that that the Rural Women’s Movement shall not rest until justice for all women in Kwazulu Natal [and beyond] has been satisfactorily real-ized. To page 10

RWM–facilitated participants undergoing ICT training

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The Senior Citizens of Amahlubi

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Traditional Ukuthwala-outdated, archaic, undesirable

“Why don't they kill me? I just don't love this man”, said 14-year old Nonkululeko, a victim of secretive bride ab-duction. Handed over to her tormentors by her uncle, she was beaten, raped and forced into marriage….and this, is how Nonkululeko's dream of becoming a Pilot was so crudely ruined. Hiding under the precincts of the Zulu cultural practice of initiating young girls into marriage, Ukuthwala (or ar-ranged marriage) has lost relevance in contemporary life due to the violations of the victims’ human rights. The Ru-ral Women’s Movement (RWM) affirms that barbarous men and criminals are taking advantage of this age-old misfortune to heartlessly abduct; rape and torture little girls. RWM recently was drawn to the case of 14-year old Non-kululeko, a very brilliant little girl according to her teach-ers, but her future came to a sudden halt after she was sold into marriage by her very own uncle seven years ago. Nonkuleko’s uncle reportedly plotted with an admirer sev-en years her senior. He ordered her to get into a car with her suitor and three other men as she returned from the vil-lage well carrying water. She was driven to a forest, where the uncle left her with the men, who said she must marry her suitor. For her attempted resistance, Nonkululeko was severely beaten with a leather whip and later repeatedly raped before she was forced to write a letter to grandmoth-er admitting that she loved the man in question and wanted to marry him. Nonkululeko’s uncle made away with eight (8) cows in exchange for his niece. Nonkululeko was orphaned at a tender age of 4years when she lost her mother, and her father was nowhere ever in in her life. She was brought up by her grandmother. Accord-ing to teachers at her school, whenever Nonkululeko saw a

silver machine flying in the sky above the mountains in her village, a secret dream shimmered in her mind. A high achiever at school, excelling in Math and Science, Nonku-luleko dreamed of becoming a pilot. Painfully, her dream disappeared in this air the day she was abducted. The Rural Women’s Movement has since learnt that Nonkululeko (now 21), is expecting a 3rd child from her tormentor.

Chief defends ukuthwala While making a submission in Parliament in 2010, one chief from Northern Kwazulu Natal named Mandla Man-dela reportedly suggested that “culture has no age. “Age is something we learnt today because of our westernisation, because we have now become learned,” chief Mandla said. He did not appear to see anything wrong with underage girls being forced into marriage! Reportedly, according to the Uthembu culture, for a girl to be taken as a wife through “ukuthwala”, she had her female-hood tested/explored by young men, in order that when she starts puberty, her mothers, would then take her through the “intonjane” initiation process. After this “intonjane” initiation, then it’s the right of young men to enact the “ukuthwalwa” of that girl. “That process then my mother; had nothing to do with age. It depended on when the girl underwent the “intonjane” initiation as arranged by the parents, her mothers, and her extended aunts and grand-mothers. Eh, that is how culture is/works”, said the chief. The practice of ukuthwala is however inconsistent with the UN Declaration of Human Rights, which states in Article 16 (2) that: “Marriage shall be entered into with the free and full consent of the intending spouses.” This MUST be respected and upheld.

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Facts on Women’s Rights

In the South African Constitution (1996) Cap 2: The Bill of Rights: Article 9

Equality: (1) Everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to pro-tect or advance persons, or categories of persons, disad-vantaged by unfair discrimination may be taken. (3) The state may not unfairly discriminate directly or in-directly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or so-cial origin, colour, sexual orientation, age, disability, reli-gion, conscience, belief, culture, language and birth. (4) No person may unfairly discriminate directly or indi-rectly against anyone on one or more grounds in terms of subsection (3)... (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the dis-crimination is fair.

10. Human dignity-Everyone has inherent dignity and the right to have their dignity respected and protected.

Convention on the Elimination of All Forms of Discrimination against Wom-en New York, 18 December 1979

Article 5 States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

Article 14 1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sec-tors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas. 2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementa-tion of development planning at all levels; (b) To have access to adequate health care facilities, including information, counseling and services in family planning; (c) To benefit directly from social security pro-grammes; (d) To obtain all types of training and education, for-mal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency; (e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment; (f) To participate in all community activities; (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes; (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water sup-ply, transport and communications. Also read: Declaration on the Elimination of Violence against Women, Proclaimed by General Assembly resolu-tion 48/104 of 20 December 1993

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Article 16 (2) of the UN Declaration of Human Rights emphasizes that: “Marriage shall be entered into only

with the free and full consent of the intending spouses.”

The Practice of ukuthwala is therefore a blatant violation of this provision and must be outlawed.

Rural Women’s Movement (RWM) 38 Valley Road, Sea Cow Lake, Durban, South Africa

Tel: +27 (0) 31 579 4559 Fax: +27 (0) 31 579 4559

E-mail: rwmkzn@telkomsa.net