Quote of the week

Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.

Justice Albie Sachs
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
26 April 2007

A little less certainty

A reader argues that my position on affirmative action is fundamentally flawed, because my assumption is that there can be no fair and objective criteria of merit that can apply to both “white” and “black”. So one just has to choose which group one should discriminate in favour of.

I do indeed believe that there can be no absolute objective criteria according to which we can decide who are best qualified for a position. For some jobs one can get closer to that (flying a Boeing, say) than in others, but an objective standard does not exist. Pretending that there are such objective criteria merely helps to hide the prejudices of the powerful behind a façade of neutrality.

If we are striving for fairness, it requires, first, that we take into account the larger political, economic and historical context in which we make judgments about what is fair or not. This will inevitably require us to take note of past discrimination and racial injustice and to accept that such injustices must be addressed in some way or another. Second, it requires us to question anew the prevailing “norms and standards” and to ask anew what characteristics will best suit a specific job and who will contribute most to the well-being of an institution. This can only be done well, if we accept that different voices do not necessarily lead to a lowering of standards.

A little less certainty about things and a bit more critical reflection might help us to think about all the invisible criteria which have always helped to advantage the interests of the in-groups and exclude those who did not fit in.

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