This article examines the recent trial of ANC president Jacob Zuma, and how gender power was framed in respect to, and within, the politics of culture. The trial centred on allegations of rape by Zuma of an HIV positive woman many years his junior, who was also the daughter of a former anti-apartheid struggle comrade. All of these details were considered pertinent, not only to the legal debates about whether a crime had been committed, but also to the political debates raging around the nation's key challenges of high rates of sexual violence and the 'denialist' state response to devastating levels of HIV infection. Many Zuma supporters saw the accusation of rape as politically motivated and as evidence of an anti-Zuma conspiracy. In visibly smaller numbers, women's rights groups were present on the streets as well, trying to draw attention to the general problem of the nation's extraordinarily high rates of sexual violence and the general failure of the justice system to address cases of rape. The article argues that the fervour surrounding this trial, the burning political question of women's status was continually cast as a private matter: debates about relations between men and women came to be focused on issues of propriety, behaviour and etiquette rather than on questions about rights and power. In short, the privatisation of gender was effected through the politics of culture. As culture is politicised as a legal and secular 'right', gender is de-politicised to become a normatively 'private' and 'customary' domain. This is not merely a South African dilemma, but a dilemma which is con-concomitant to the social conditions of modernity itself.
The Politics of Culture in the Rape Trial of Jacob Zuma
Thembisa Waetjen and Gerhard Maré
Kira Erwin and Gerhard Maré
This special issue emerges from a concern with academic practice around researching and theorising race, racialism and racism; particularly within the current theoretical climate in which race is, in the majority, accepted as a social construct. In public thinking and discourse, however, acceptance of the biological existence of races continues to dominate in many societies. Racial classification also continues in many state practices in South Africa such as the collection of racial demographics though the national census, and through countless private and public officials reporting towards government-stipulated race-based employment acts. These classification practices raise contradictions for the constitutional goal of non-racialism in South Africa. South Africa has also signed and ratified the International Convention for the Elimination of All Forms of Racial Discrimination (http://www.ohchr.org/EN/Professional Interest/Pages/CERD.aspx), which aims to eliminate racial discrimination in member states. The convention, to which member states are legally bound, raises a number of pressing issues that, to date, are not present in a wider national debate on the continued use of race in South African state policy. For example, there is little recognition by the state of the difficulties associated with identifying a targeted group based on race, nor clarity as to whether these groups are identified through markers based on phenotype, or socio-economic or cultural differences. Nor is there open discussion on the use of terms such as fair and unfair discrimination and how they relate to terms such as distinction and differentiation (see Bossuyt 2000), and the legal consequences of using such terms.