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Papers by Mutondi Mulaudzi

Research paper thumbnail of Symposium Introduction: Maputo Protocol @20

Southern African Public Law, Sep 20, 2023

Research paper thumbnail of Afro-feminism and the Coloniality of Gender in Constitutional and Legislative Drafting: South Africa as a Case Study

Southern African Public Law, Jan 27, 2023

Before essential feminist contributions to legal drafting were made, legislative drafters adopted... more Before essential feminist contributions to legal drafting were made, legislative drafters adopted the use of the masculine rule, which established that all genders were implicitly included in the usage of the pseudo-generic third person masculine singulars such as 'he' and 'him.' In the 1960s, feminism acted as a nucleus for an approach to legal drafting that was inclusive of and thus avoided the erasure of women in constitutional and legislative language. Historically, the concept of gender neutrality has been approached from binary cisgendered and heteronormative perspectives. Legal drafters now have to take cognisance of this evolving reality as there is a growing need for legislation that is gender diverse and non-heteronormative. The Recognition of Customary Marriages Act 120 of 1998 has been subject to criticism for its use of gendered language that excludes queer couples. This article places the development of an understanding of inclusive legal drafting in South Africa within Afro-feminist theory. These theories present a more useful framework for thinking beyond a binary view of language in legal drafting. They also present an opportunity of placing inclusive legal drafting as African, in the face of continued marginalisation and subjugation of gender and sexual minorities on the continent. Using theories such as the coloniality of gender, the coloniality of being and the coloniality of knowledge for deconstructing Western and consequently binary notions of gender neutrality, I suggest an Afro-feminist understanding of drafting that will consequently be gender-neutral in a way that is inclusive of queer people.

Research paper thumbnail of Between a rock and a hard place: Ethics, nurses' safety, and the right to protest during the COVID‐19 pandemic

International Nursing Review, Sep 1, 2021

AimIn this paper, we critically discuss the ethics of nurses' choice to strike during the COV... more AimIn this paper, we critically discuss the ethics of nurses' choice to strike during the COVID‐19 pandemic, considering legal and ethical arguments, overlaying the Ubuntu philosophy, an African ethic.BackgroundThe recent unprecedented coronavirus disease pandemic and the increased reports on the absence of personal protective equipment in South Africa places many health workers' lives at risk. Nurses spend most of their time with patients, which exposes them to fatal risks as they work in unsafe environments.Research MethodsExploratory literature review was conducted using Pubmed, CINAHL, Google Scholar and Science Direct) and law cases repository.FindingsNurses thus may be justified in striking to protect their safety. State healthcare entities are obliged to ensure safety and protect the health of professionals during the pandemic. According to their Code of Practice and Pledge of Service, they are ethically obliged to put patients first, and as a result, they are legally barred from engaging in strike action.ConclusionWe conclude that there may be constitutional human rights arguments to support strike action. We also find that ethical principles alone do not provide clear direction to guide nurses in making justified and ethical decisions regarding service provision in an environment threatening to compromise their safety.

Research paper thumbnail of Corrective rape and the war on homosexuality : patriarchy African culture and Ubuntu

The research problem to explore in this dissertation is how cultural and patriarchal perspectives... more The research problem to explore in this dissertation is how cultural and patriarchal perspectives on gender influence the occurrence of what is commonly known as corrective rape in South Africa. 1 Even though this is an issue that affects women on a global scale, this dissertation will focus on black lesbian women living in South African townships. Furthermore, the aim of this dissertation is to reflect on the view or the argument that "homosexuality is un-African" or that it is against African culture. This argument links to patriarchy and influences and informs homophobic perspectives that lead to corrective rape. Thereafter, this dissertation will reflect on the African philosophy of ubuntu by investigating if and how ubuntu could serve as a response to perspectives that have a certain influence on corrective rape attacks against lesbian women living in South Africa. In other words, this dissertation will question how the so-called "homosexuality is un-African" rhetoric is contrary to the African philosophy of "umuntu ngumuntu ngabantu". In general, Africa as a continent continues to have slow or stagnant development when it comes to the recognition of the rights of lesbian, gay, bisexual, transgender and and intersex people. 2 With the slow development, there is also a continuous pushback from African leaders, politicians and parts of society. Current statistics speak volumes and support this statement. In 2014, the Human Rights Campaign Foundation published a report on the State of Human Rights for LGBT people living in Africa. The Foundation found that 37 African countries criminalise same-sex marriages and that four of those countries allow for the death penalty. 3 In certain African countries, leaders speak openly about their positions on homosexuality and sexual minority rights. Former President of The Gambia, Yahya Jammeh, has been quoted saying: "homosexuality is anti-God, anti-human and anti-civilisation" and "homosexuals are not welcome 1 Corrective rape does not only occur in South Africa, there have also been reports on corrective rape in countries like India. The times of India, "Parents use 'corrective rape' to 'straighten gays", Rupan Jain, 21 June 2015 http://timesofindia.indiatimes.com/life-style/relationships/parenting/Parents-use-corrective-rape-to-straightengays/articleshow/47489949.cms 2 Hereafter referred to as 'LGBTI'.

Research paper thumbnail of Interview with Professor Dire Tladi, the South African Candidate for a Seat at the International Court of Justice

Southern African Public Law

Mutondi Mulaudzi interviewed Professor Dire Tladi, SARChI Chair for Constitutional International ... more Mutondi Mulaudzi interviewed Professor Dire Tladi, SARChI Chair for Constitutional International Law and South Africa’s candidate for election to the International Court of Justice (ICJ). If elected, Professor Tladi would be the first South African elected to the Court. The interview was conducted online on 28 July 2023. In this interview, Mutondi Mulaudzi and Dire Tladi discuss the latter’s introduction to international law in his early career and his vision for his tenure at the Court if elected. The interview reveals the compelling reasons behind South Africa’s selection of Professor Tladi to be its candidate for election. Tladi’s background in government enables him to understand the limits of States; his role as a comprehensive international lawyer and involvement with the International Law Commission (ILC) provides him with a profound grasp of various facets of international law. Also, his experience as Counsel grants him insight into the thought processes of international le...

Research paper thumbnail of Editorial: Another Day, Another COVID-19 Special Issue: A Vital ‘Bandwagon’

Southern African Public Law

Research paper thumbnail of Changing the Narrative: Opening Academic Research

Southern African Public Law

Research paper thumbnail of What is Africanness? Contesting nativism in race, culture and sexualities

South African Journal on Human Rights, 2020

‘We reject attempts to prescribe to new rights that are contrary to our norms, values, traditions... more ‘We reject attempts to prescribe to new rights that are contrary to our norms, values, traditions and beliefs. We are not gay.’1 Every chapter in the book begins with a quote that highlights its ma...

Research paper thumbnail of Between a rock and a hard place: Ethics, nurses' safety, and the right to protest during the COVID‐19 pandemic

International Nursing Review, 2021

Research paper thumbnail of Corrective rape and the war on homosexuality : patriarchy African culture and Ubuntu

The research problem to explore in this dissertation is how cultural and patriarchal perspectives... more The research problem to explore in this dissertation is how cultural and patriarchal perspectives on gender influence the occurrence of what is commonly known as corrective rape in South Africa. 1 Even though this is an issue that affects women on a global scale, this dissertation will focus on black lesbian women living in South African townships. Furthermore, the aim of this dissertation is to reflect on the view or the argument that "homosexuality is un-African" or that it is against African culture. This argument links to patriarchy and influences and informs homophobic perspectives that lead to corrective rape. Thereafter, this dissertation will reflect on the African philosophy of ubuntu by investigating if and how ubuntu could serve as a response to perspectives that have a certain influence on corrective rape attacks against lesbian women living in South Africa. In other words, this dissertation will question how the so-called "homosexuality is un-African" rhetoric is contrary to the African philosophy of "umuntu ngumuntu ngabantu". In general, Africa as a continent continues to have slow or stagnant development when it comes to the recognition of the rights of lesbian, gay, bisexual, transgender and and intersex people. 2 With the slow development, there is also a continuous pushback from African leaders, politicians and parts of society. Current statistics speak volumes and support this statement. In 2014, the Human Rights Campaign Foundation published a report on the State of Human Rights for LGBT people living in Africa. The Foundation found that 37 African countries criminalise same-sex marriages and that four of those countries allow for the death penalty. 3 In certain African countries, leaders speak openly about their positions on homosexuality and sexual minority rights. Former President of The Gambia, Yahya Jammeh, has been quoted saying: "homosexuality is anti-God, anti-human and anti-civilisation" and "homosexuals are not welcome 1 Corrective rape does not only occur in South Africa, there have also been reports on corrective rape in countries like India. The times of India, "Parents use 'corrective rape' to 'straighten gays", Rupan Jain, 21 June 2015 http://timesofindia.indiatimes.com/life-style/relationships/parenting/Parents-use-corrective-rape-to-straightengays/articleshow/47489949.cms 2 Hereafter referred to as 'LGBTI'.

Research paper thumbnail of Symposium Introduction: Maputo Protocol @20

Southern African Public Law, Sep 20, 2023

Research paper thumbnail of Afro-feminism and the Coloniality of Gender in Constitutional and Legislative Drafting: South Africa as a Case Study

Southern African Public Law, Jan 27, 2023

Before essential feminist contributions to legal drafting were made, legislative drafters adopted... more Before essential feminist contributions to legal drafting were made, legislative drafters adopted the use of the masculine rule, which established that all genders were implicitly included in the usage of the pseudo-generic third person masculine singulars such as 'he' and 'him.' In the 1960s, feminism acted as a nucleus for an approach to legal drafting that was inclusive of and thus avoided the erasure of women in constitutional and legislative language. Historically, the concept of gender neutrality has been approached from binary cisgendered and heteronormative perspectives. Legal drafters now have to take cognisance of this evolving reality as there is a growing need for legislation that is gender diverse and non-heteronormative. The Recognition of Customary Marriages Act 120 of 1998 has been subject to criticism for its use of gendered language that excludes queer couples. This article places the development of an understanding of inclusive legal drafting in South Africa within Afro-feminist theory. These theories present a more useful framework for thinking beyond a binary view of language in legal drafting. They also present an opportunity of placing inclusive legal drafting as African, in the face of continued marginalisation and subjugation of gender and sexual minorities on the continent. Using theories such as the coloniality of gender, the coloniality of being and the coloniality of knowledge for deconstructing Western and consequently binary notions of gender neutrality, I suggest an Afro-feminist understanding of drafting that will consequently be gender-neutral in a way that is inclusive of queer people.

Research paper thumbnail of Between a rock and a hard place: Ethics, nurses' safety, and the right to protest during the COVID‐19 pandemic

International Nursing Review, Sep 1, 2021

AimIn this paper, we critically discuss the ethics of nurses' choice to strike during the COV... more AimIn this paper, we critically discuss the ethics of nurses' choice to strike during the COVID‐19 pandemic, considering legal and ethical arguments, overlaying the Ubuntu philosophy, an African ethic.BackgroundThe recent unprecedented coronavirus disease pandemic and the increased reports on the absence of personal protective equipment in South Africa places many health workers' lives at risk. Nurses spend most of their time with patients, which exposes them to fatal risks as they work in unsafe environments.Research MethodsExploratory literature review was conducted using Pubmed, CINAHL, Google Scholar and Science Direct) and law cases repository.FindingsNurses thus may be justified in striking to protect their safety. State healthcare entities are obliged to ensure safety and protect the health of professionals during the pandemic. According to their Code of Practice and Pledge of Service, they are ethically obliged to put patients first, and as a result, they are legally barred from engaging in strike action.ConclusionWe conclude that there may be constitutional human rights arguments to support strike action. We also find that ethical principles alone do not provide clear direction to guide nurses in making justified and ethical decisions regarding service provision in an environment threatening to compromise their safety.

Research paper thumbnail of Corrective rape and the war on homosexuality : patriarchy African culture and Ubuntu

The research problem to explore in this dissertation is how cultural and patriarchal perspectives... more The research problem to explore in this dissertation is how cultural and patriarchal perspectives on gender influence the occurrence of what is commonly known as corrective rape in South Africa. 1 Even though this is an issue that affects women on a global scale, this dissertation will focus on black lesbian women living in South African townships. Furthermore, the aim of this dissertation is to reflect on the view or the argument that "homosexuality is un-African" or that it is against African culture. This argument links to patriarchy and influences and informs homophobic perspectives that lead to corrective rape. Thereafter, this dissertation will reflect on the African philosophy of ubuntu by investigating if and how ubuntu could serve as a response to perspectives that have a certain influence on corrective rape attacks against lesbian women living in South Africa. In other words, this dissertation will question how the so-called "homosexuality is un-African" rhetoric is contrary to the African philosophy of "umuntu ngumuntu ngabantu". In general, Africa as a continent continues to have slow or stagnant development when it comes to the recognition of the rights of lesbian, gay, bisexual, transgender and and intersex people. 2 With the slow development, there is also a continuous pushback from African leaders, politicians and parts of society. Current statistics speak volumes and support this statement. In 2014, the Human Rights Campaign Foundation published a report on the State of Human Rights for LGBT people living in Africa. The Foundation found that 37 African countries criminalise same-sex marriages and that four of those countries allow for the death penalty. 3 In certain African countries, leaders speak openly about their positions on homosexuality and sexual minority rights. Former President of The Gambia, Yahya Jammeh, has been quoted saying: "homosexuality is anti-God, anti-human and anti-civilisation" and "homosexuals are not welcome 1 Corrective rape does not only occur in South Africa, there have also been reports on corrective rape in countries like India. The times of India, "Parents use 'corrective rape' to 'straighten gays", Rupan Jain, 21 June 2015 http://timesofindia.indiatimes.com/life-style/relationships/parenting/Parents-use-corrective-rape-to-straightengays/articleshow/47489949.cms 2 Hereafter referred to as 'LGBTI'.

Research paper thumbnail of Interview with Professor Dire Tladi, the South African Candidate for a Seat at the International Court of Justice

Southern African Public Law

Mutondi Mulaudzi interviewed Professor Dire Tladi, SARChI Chair for Constitutional International ... more Mutondi Mulaudzi interviewed Professor Dire Tladi, SARChI Chair for Constitutional International Law and South Africa’s candidate for election to the International Court of Justice (ICJ). If elected, Professor Tladi would be the first South African elected to the Court. The interview was conducted online on 28 July 2023. In this interview, Mutondi Mulaudzi and Dire Tladi discuss the latter’s introduction to international law in his early career and his vision for his tenure at the Court if elected. The interview reveals the compelling reasons behind South Africa’s selection of Professor Tladi to be its candidate for election. Tladi’s background in government enables him to understand the limits of States; his role as a comprehensive international lawyer and involvement with the International Law Commission (ILC) provides him with a profound grasp of various facets of international law. Also, his experience as Counsel grants him insight into the thought processes of international le...

Research paper thumbnail of Editorial: Another Day, Another COVID-19 Special Issue: A Vital ‘Bandwagon’

Southern African Public Law

Research paper thumbnail of Changing the Narrative: Opening Academic Research

Southern African Public Law

Research paper thumbnail of What is Africanness? Contesting nativism in race, culture and sexualities

South African Journal on Human Rights, 2020

‘We reject attempts to prescribe to new rights that are contrary to our norms, values, traditions... more ‘We reject attempts to prescribe to new rights that are contrary to our norms, values, traditions and beliefs. We are not gay.’1 Every chapter in the book begins with a quote that highlights its ma...

Research paper thumbnail of Between a rock and a hard place: Ethics, nurses' safety, and the right to protest during the COVID‐19 pandemic

International Nursing Review, 2021

Research paper thumbnail of Corrective rape and the war on homosexuality : patriarchy African culture and Ubuntu

The research problem to explore in this dissertation is how cultural and patriarchal perspectives... more The research problem to explore in this dissertation is how cultural and patriarchal perspectives on gender influence the occurrence of what is commonly known as corrective rape in South Africa. 1 Even though this is an issue that affects women on a global scale, this dissertation will focus on black lesbian women living in South African townships. Furthermore, the aim of this dissertation is to reflect on the view or the argument that "homosexuality is un-African" or that it is against African culture. This argument links to patriarchy and influences and informs homophobic perspectives that lead to corrective rape. Thereafter, this dissertation will reflect on the African philosophy of ubuntu by investigating if and how ubuntu could serve as a response to perspectives that have a certain influence on corrective rape attacks against lesbian women living in South Africa. In other words, this dissertation will question how the so-called "homosexuality is un-African" rhetoric is contrary to the African philosophy of "umuntu ngumuntu ngabantu". In general, Africa as a continent continues to have slow or stagnant development when it comes to the recognition of the rights of lesbian, gay, bisexual, transgender and and intersex people. 2 With the slow development, there is also a continuous pushback from African leaders, politicians and parts of society. Current statistics speak volumes and support this statement. In 2014, the Human Rights Campaign Foundation published a report on the State of Human Rights for LGBT people living in Africa. The Foundation found that 37 African countries criminalise same-sex marriages and that four of those countries allow for the death penalty. 3 In certain African countries, leaders speak openly about their positions on homosexuality and sexual minority rights. Former President of The Gambia, Yahya Jammeh, has been quoted saying: "homosexuality is anti-God, anti-human and anti-civilisation" and "homosexuals are not welcome 1 Corrective rape does not only occur in South Africa, there have also been reports on corrective rape in countries like India. The times of India, "Parents use 'corrective rape' to 'straighten gays", Rupan Jain, 21 June 2015 http://timesofindia.indiatimes.com/life-style/relationships/parenting/Parents-use-corrective-rape-to-straightengays/articleshow/47489949.cms 2 Hereafter referred to as 'LGBTI'.