The South African constitution is considered the most admirable in the history of the world. It is hallmarked as progressive in the human rights protections it extends to people of all identities. The constitution ensures that our country is free from marginalized discrimination and redresses historical inequalities. However, there are instances where people tend to fall through the hidden cracks, marginalized individuals such as members of the LGBTQ+ community.
Sivuyile Mpatheni, a University of the Free State final-year LLB student and has centred his research proposal on the legal framework aimed towards the queer community in the global workplace. How the idea sparked to research this particular topic came about was when he spoke at a panel discussion in 2018 with retired Constitutional Justice Edwin Cameron, a former judge of the Constitutional Court of South Africa and well known for his HIV/AIDS and gay-rights activism. The question was why we don’t see the queer community represented in the legal space and why there is no visibility.
This was the defining moment when his aspiration towards being a catalyst for the elevation of LGBTQ+ individuals was set and cemented. ‘‘Ever since that day I have had this strong interest in LGBTQ+ rights, I want to be able to use my voice in any space or form to better the lives of the queer community in so far as legal rights are concerned,’’ he said.
Sivuyile’s highlight of the LGBTQ+ Labour Rights legal framework within the 21st Century global workplace is being done through a comparative study between South Africa, The United Kingdom as well as The United States of America. ‘I am basically comparing those jurisdictions with our labour laws, seeing perhaps what we are doing wrong and where we are maybe considered progressive and will thus offer recommendations.’ The key issues in his research include sexual harassment, unfair dismissals, and issues surrounding parental and adoption leave. Ultimately asking how the law can be improved to advance the promotion of substantive equality.
Sivuyile’s research proposal, which he got a distinction for, has been approached by a publishing house to be turned into a book. ‘‘I was approached to have my thesis turned into a book although I have not signed the publishing deal as I am still working on my thesis,’’
Initially, he did not want to pursue a career in law because he had aspirations in a completely opposite field of study. ‘I always get excited when asked this question because the law was never at the top of my mind, it was never an option for me. I was going to study drama & theatre. I always loved acting,’ he explained but in a turn of events found himself on the path to becoming a lawyer in the following subliminal ways.
Advocacy and mentorship
During his time as a student at UFS, he has worked for The Black Lawyers Association Student Chapter as a Academics and Research Officer. His concerted efforts were aimed at facilitating a safer environment for LGBT individuals. ‘I was raising awareness on the queer community within hypermasculine environments and making people understand queer people do exist and they also need to be integrated.’
Inspired by a DM
November 2018 was when the establishment of his mentorship programme had begun. The idea was inspired by a Direct Message he got from a Law Student in UNISA asking for Sivuyile’s mentorship.
‘My vision for the programme was not to just assist them with getting vocations in corporate firms and articles of clerkship but I wanted to do something bigger than that. I wanted them to understand what makes you successful as a student is not necessarily your grades. It is about how you develop yourself holistically,’ Sivuyile shared.
He works to equip law students who have a key interest in Corporate Law with soft skills that are essential for law graduates going into the beginning of their careers.
Sivuyile hopes to grow his mentorship programme into something bigger that will venture out into other universities
Childhood influences
He attributes his strong work ethic and focused drive from the influences from his past. ‘‘I have always been a hard worker from as early as my high school days,’’ he said.
‘‘My memories growing up were full of love and compassion. I was always around strong black women influences that instilled values in me. All experiences that I have really grown and sort of nurtured me into the person that I am today,’’ he explained.
When asked what motivates him to continuously edge towards success his response reflected what queer representation translates to on the ground and why it’s necessary to have it. ‘‘I have always on a subconscious level looked up to role models who inspire me like Sylvester Chauke, who runs an Ad Agency called DNA Brand Architects.’’ Sivuyile shares how even though Sylvester is not in the legal fraternity he remains inspired by the gay man who is proud of his sexuality and married. ‘‘The way he handles himself and how his business has grown over years … I really look up to people like that and in a way forces me to level up, I just want to make myself proud.’‘
His advice has for those persuing a law degree and queer people in general is that is not about looking at what people are doing and trying to imitate that but rather about finding your purpose and nurturing your personal brand.
Sivuyile will serve his articles of clerkship next year at Cliffe Dekker Hofmeyer in Sandton, one of the largest business law firms in South Africa, with more than 350 lawyers and a track record over 166 years.
Image : SUPPLIED
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