Nemesia Ladies Residence: 'Perpetuating rape culture'

On the 18th of August the Nemesia Ladies Residence, from the University of Stellenbosch, issued a statement on their Facebook page stating that they will be allowing a trial period for men to sleep over in the residence on the weekend of 19 August 2016. Many of the Nemesia alumni, current residents and their parents do not approve, although a subsequent message on Facebook from the current Primaria stated that they did have discussions and a majority vote was taken to allow the probation period. One of the arguments raised by the Nemesia HK (House Commitee) in favour of allowing men to sleep over is that it will allegedly decrease rape since by disallowing men to sleep over it is 'perpetuating rape culture, heteronormativity and contributing to patriarchy'. With all due respect, we cannot agree with this assertion and believe that allowing men to sleep over would in all likelihood escalate the probabilities for criminal activity to take place, i.e. rape, assault and theft. But even more disturbing is the possible infringement of other individuals' Constitutional rights; amongst others their right to Freedom and Security of the Person, to Privacy and Human Dignity. In this regard those who voted against men sleeping over specifically comes to mind, and even those who, because of peer pressure, do not want to stand up against what the “majority” in the residence feel strongly about.

Even if the majority of the current Nemesia residents support this policy change, as alleged by the HK statement, we are not convinced that the majority of the women residents in all reses in Stellenbosch agree to this “policy change” (which is also something that should, in our opinion, be taken into consideration). However, let’s accept, for the sake of argument, that the majority in Nemesia and even other female residences want men to sleep over (even though this is surely not the case since no other residence has come forward in support of such a decision, but let’s just accept that for the moment). That, with great respect, is not a viable Constitutional consideration for allowing men to sleep over. We have known that public opinion is not a basis for preventing rights being exercised, since the very first decision of the Constitutional Court in S v Mkwanyane about the death penalty in 1995. There the Constitutional Court was confronted with the identical argument used in support of men sleeping over at the Nemesia Ladies residence: the majority of citizens at that stage were of the opinion that the death penalty is preferable; therefore it should be allowed. And the late Chief Justice Chaskalson, in a view concurred by the whole court said as follow: “I am, however, prepared to assume that it does and that the majority of South Africans agree that the death sentence should be imposed in extreme cases of murder. The question before us, however, is not what the majority of South Africans believe a proper sentence for murder should be. It is whether the Constitution allows the sentence”. He goes on to say that the very point of a Constitution is that it should protect rights, even against the majority. The rights, views and expressions of the minority should therefore also be taken into consideration.

Times have changed as we all know, it is even a lot more dangerous for females and males to be alone in public areas (rape, blitz attacks, muggings etc), just as an example of many. Rape has even occurred in mixed residences where men and ladies live side by side. How will this not end up in another recipe for disaster and put so many lives and innocence at risk? Herewith we would like to petition against the Nemesia residence and the University of Stellenbosch to not change the policy as it currently stands - that men are not allowed to sleep over in ladies residences. If you feel strongly about this issue, please complete the petition form below. If you feel so strongly that you would like to send motivation in writing, please do so and send a message to the author of this petition after you filled in the petition form.

Surely this is not the legacy we want to leave our children.