The duty for public higher education sector to integrate sexual orientation as a policy connect: a case of the North-West University’s Potchefstroom Campus

Abstract

In 1996, former President Nelson Mandela signed the new Constitution of the Republic of South Africa of 1996 into effect. This made South Africa the first ever country in the world to actively include a sexual orientation clause in their Bill of Rights, which is in Chapter Two, Section 9 of the Constitution of the Republic of South Africa of 1996. This study was conducted as an attempt to investigate sexual orientation as a constitutional element and its integration by the public higher education sector as a policy connect. A literature review was conducted, which shows that there is a lack of, as well as the need for, public policies, programmes and frameworks that include sexual orientation or the needs and challenges of the LGBTQI+ community. The research methods for the study are a qualitative approach with an exploratory design. Data collection instruments that were used include document analysis and semi-structured questionnaires. The study also interrogated public higher education sector's inability to integrate existing policies and frameworks. It is clear that the public higher education sector has failed to generate LGBTQI+ relevant interventions that many universities in South Africa, such as the North-West University, need to implement. The main finding of this study is that there is a need for the integration of sexual orientation by the public higher education sector in South Africa. LGBTQI+ appropriate policies need to be promulgated by not only the public higher education sector broadly, but also at institutional level. NWU needs to ensure the safety, treatment and protection of the LGBTQI+ community as a critical policy connect for an inclusive environment. Based on this finding, it is recommended that the public higher education sector should promulgate all-inclusive policies that are targeted at concepts such as sexual orientation, discrimination and equality. The NWU has a constitutional obligation to make affirmative measures to create a safe and secure environment in which students, particularly where the LGBTQI+ community is concerned, to thrive and reach their ultimate potential in their education drive, irrespective of their sexual orientation, gender identity, race and other various elements.