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Sherwood resident highlights gaps in rights of refugees
Sherwood resident highlights gaps in rights of refugees

The Citizen

time7 days ago

  • General
  • The Citizen

Sherwood resident highlights gaps in rights of refugees

UKZN Master of Laws (LLM) graduate Fathima Docrat has explored the disconnect between South Africa's constitutional promises and the lived reality of refugees in her study titled 'Analysing the Socio-Economic Implications of State Failure to Deliver on its Legal Obligations Towards Refugees: A Constitutional and International Law Perspective'. 'Refugees arrive in South Africa facing enormous challenges, yet our legal framework often fails to treat them with the dignity and equality our Constitution promises,' said Docrat. 'My passion for this topic stems from a deep interest in the intersection of law, justice, and the protection of fundamental rights.' Also read: Durban refugees face hunger crisis The Sherwood resident's research interrogates the broader implications of governmental inaction and its contribution to inequality and marginalisation. Chapter four of the dissertation explores innovative policy alternatives grounded in principles of dignity, equality, and access to justice, calling for a paradigm shift in the perception of refugees, from burden to rights-bearing individuals. Docrat said, 'This qualification deepened my legal knowledge and sharpened my analytical skills. More importantly, it reminded me why I chose this path: to stand alongside marginalised communities and to contribute meaningfully to legal development and social justice.' Docrat aims to continue contributing to public interest law, advancing refugee rights, and promoting accountability within legal systems. She is currently working with refugee organisations and co-authoring academic publications in the field of Human Rights Law. For more from Berea Mail, follow us on Facebook, X and Instagram. You can also check out our videos on our YouTube channel or follow us on TikTok. Click to subscribe to our newsletter – here At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!

Dr Zakeera Docrat reveals the dark side of emojis in sexual harassment cases
Dr Zakeera Docrat reveals the dark side of emojis in sexual harassment cases

IOL News

time06-05-2025

  • IOL News

Dr Zakeera Docrat reveals the dark side of emojis in sexual harassment cases

Forensic and legal linguist and researcher, Dr Zakeera Docrat (on TV screen) gives evidence at the Judicial Conduct Tribunal where Judge President Selby Mbenenge is accused by Andiswa Mengo - a judge's clerk - of sexual harassment. Image: Supplied / Judicial Conduct Tribunal Forensic and legal linguist and researcher, Dr Zakeera Docrat, confirmed that the context in which emojis were sent to judge's clerk Andiswa Mengo by Judge President Selby Mbenenge depicted sexual acts. This was heard as the Judicial Conduct Tribunal resumed hearings on Tuesday where Docrat analysed context and conversations between Mengo and Mbenenge. Mbenenge presides at the Eastern Cape Division of the High Court and was accused by Mengo of sexual harassment, in which she alleges several disturbing communications from him. Docrat was the second witness to appear before the Tribunal, giving evidence to the panel. On Monday, digital forensic investigator and data analyst Francois Möller confirmed that his forensic report resulted in a 433-page report, which was extracted from the specific downloads from both Mengo and Mbenenge's devices. Docrat testified about message exchanges between Mengo and Mbenenge in the emoji context and the interpretations thereof. In a summary of her evidence, Docrat said: 'Emojis are being used, among other things, as non-verbal communication to sexually harass/harass individuals, groups, and communities as well as incite violence. This forms part of one of the sub-disciplines of forensic linguistics, namely, language as evidence.' Docrat submitted that she had, since 2018, researched how emojis are used and related this to the South African context, which is multicultural and multilingual. She further added that her expertise stretched to forensic and legal linguistics, and the symbiotics of law linguistics. Her summary of evidence noted research in the field included in the international context, expert forensic and legal linguists who interpreted emojis within court cases. These include the cases of Kinsey v State (2014), where the Court of Appeals of Texas in the USA held that the winking face emoji did not establish consent for a sexual encounter. In New Zealand, the Dunedin District Court heard the case of Sloane Cruise Coake, concerning several threatening messages containing emojis that constituted a threat. Docrat said: 'I have had sight of WhatsApp text messages between the complainant and the respondent, and my expert evidence is based on the interpretation of the WhatsApp text messages as communicated and is before this Tribunal for its consideration. 'Having considered the WhatsApp text messages, my main conclusions as will be presented to the Tribunal are as follows: Emojis have been used for non-standard purposes and have been sexualised; Emojis were used to depict sexual acts, and emojis were used as a means to sexually harass,' Docrat's summary of evidence noted. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕

How emojis influence sexual harassment cases: Dr Zakeera Docrat's insights
How emojis influence sexual harassment cases: Dr Zakeera Docrat's insights

IOL News

time06-05-2025

  • IOL News

How emojis influence sexual harassment cases: Dr Zakeera Docrat's insights

Forensic and legal linguist and researcher, Dr Zakeera Docrat, took the stand at the Judicial Conduct Tribunal hearing into sexual harassment complaints against Judge President Selby Mbenenge. Image: Supplied / Judicial Conduct Tribunal Emoji interpretations and sexual connotations in message exchanges came under the spotlight as forensic and legal linguist and researcher Dr Zakeera Docrat took the stand at the Judicial Conduct Tribunal hearing into sexual harassment complaints against Judge President Selby Mbenenge. On Tuesday, Docrat testified on conversation exchanges between complainant Andiswa Mengo and Mbenenge, which the linguistic expert described as starting courteously and professionally but 'slowly degenerated' as emojis used in the message exchanges became sexual and flirtatious. Docrat prefaced her evidence concerning knowledge of interpreting emojis after Griffits Madonsela SC, counsel for Mbenenge, said they did not dispute her qualifications and expertise; however, they disputed 'her expertise in emojis'. Docrat submitted that she had, since 2018, researched how emojis are used and related this to the South African context, which is multicultural and multilingual. She further added that her expertise stretched to forensic and legal linguistics and the symbiotics of law linguistics. With regard to the symbiotics of law, Docrat said it was an advantage to interpret socio-linguistics as emojis are non-verbal and don't transfer tone or accent, but must be interpreted in a specific context. Docrat said the interpretation of emojis sent and received between the two parties escalated to a sexual nature over time. Describing the functions of emojis, Docrat said that this could be categorised into four functions when taking into consideration the sequence of emojis. Griffits Madonsela SC (centre in navy blue suit), counsel for Judge President Selby Mbenenge, said they did not dispute forensic linguist Dr Zakeera Docrat's qualifications and expertise, however, disputed 'her expertise in emojis'. Image: Supplied / Judicial Conduct Tribunal The functions were described as substitution, where an emoji replaced a word, reinforcement, where it enhances a word or phrase, contradiction, where it could mean something completely different as it did not correlate to the thread of a text, and complementation, which adds to or is an additional sentiment. Interpreting several emojis, Docrat testified that a set of eyes could be interpreted as 'pervy eyes', a hug emoji was interpreted as warmth, while a yellow emoji with a tongue out and closed eyes depicted want or desire, or could be interpreted as 'delicious'. She further submitted that Mengo tended to use the hysterical laughter emoji as an automated response when she made light of a topic or 'laughed it off'. According to Docrat, the manner in which Mengo responded to the chat exchanges showed a linguistic fingerprint or linguistic marker in how she responded to Mbenenge's messages and requests. According to Docrat, as the parties had the same cultural background and conversed in isiXhosa, there was 'no misunderstanding' in their chat exchanges. Referring to an acronym message sent to Mengo where Mbenenge wrote 'BJ=?', Docrat interpreted the context as Mbenenge asking for a blowjob. Subsequent messages to the request were a response where Mbenenge wrote: 'I was going to give you this one'. The message was followed up with an emoji of a single peeled banana. Docrat testified: 'Within this context and following on the previous days conversations where it referred to the BJ, my interpretation of the peeled banana is a circumcised penis. In response, the complainant followed up with hysterical laughing emojis. She laughed it off.' Tribunal evidence leader, senior State Advocate Salomé Scheepers, questioned Docrat if this response would be substantiated by previous evidence given by Mengo in which she said she did not know in certain instances how to respond to Mbenenge's communications to her and used the hysterical laughter emojis instead, as he was her boss. Docrat confirmed that the laughing emojis were used as an automated response and was a standard response of Mengo by using the laughing emojis, indicating that she made light of it and 'laughed it off'. In another chat exchange between the parties, Docrat confirmed that the context and sequence in which Mbenenge used an eggplant and peach emoji while speaking of the 'intimate route', the emojis were used with sexual connotation referring to the penis and vagina, and was used as reinforcement to interpret the word 'intimate'. In another chat exchange after learning that Mengo had fallen ill, Mbenenge wrote: 'I must come give you a boost,' followed by a syringe with liquid in it. Docrat explained that on some devices, the syringe would be empty; however, on the Samsung devices used by the two parties, the syringe contains a liquid. 'The syringe was used in a sexual connotation referring to the penis. It was not used in the context of its standard use or purely as an injection. It had sexual connotation and by my interpretation, in this context, it meant the penis,' said Docrat. The Tribunal hearing continues. [email protected]

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