It is clear that no legitimate objective is advanced by excluding domestic workers from COIDA. If anything, their exclusion has a significant stigmatising effect which entrenches patterns of disadvantage based on race, sex and gender…. In considering those who are most vulnerable or most in need, a court should take cognisance of those who fall at the intersection of compounded vulnerabilities due to intersecting oppression based on race, sex, gender, class and other grounds. To allow this form of state-sanctioned inequity goes against the values of our newly constituted society namely human dignity, the achievement of equality and ubuntu. To exclude this category of individuals from the social security scheme established by COIDA is manifestly unreasonable.
Recent controversies around the Bench and the Bar have highlighted the significance of race and existing patterns of power and privilege within the legal system and profession. Yet public debates seldom explore these issues explicitly. Discussions often end in a stalemate, where views are predetermined along racial lines, and where assertions of racism are countered by calls to reward merit or experience. The time has surely arrived to transcend these tired arguments and explore a new transformative vision of the legal system. In this, we need to acknowledge and confront the institutional and cultural structures that perpetuate racialised privilege and marginalisation. We also need to move beyond those narratives which are determined by our Apartheid past to confront the issues which threaten the profession and the legal system at the moment.
The panel discussion will be facilitated by Judge Dennis Davis. Our panellists are Mr Tshepo Madlingozi from the University of Pretoria, Dr Adila Hassim from the AIDS Law Project, Mr Tembeka Ncgukaitobi from the Legal Resources Centre and Advocate Sharise Weiner from the Johannesburg bar. Refreshments will be served after the event.
Date: Thursday 26 November 2009 at 17:00‐19:00.
Venue: Auditorium, Chalsty Centre, Oliver Schreiner Building, School of Law, University of the Witwatersrand, Johannesburg.
Kindly RSVP to Hafiza.Wadee@wits.ac.za by 23 November or tel 011‐717‐8412.BACK TO TOP