Quote of the week
Such traditions that are culturally embedded in the white, male, Afrikaans culture and history, which are the basis of the Nagligte traditions, do not foster inclusion of other groups that must now form the new majority of the SU student body. Wilgenhoffers do not seem to appreciate the negative impact of their culture and rituals on the personal rights of certain individuals. This is because they elevate belonging to the Wilgenhof group above the rights of the individual.
Human rights lawyer Geoff Budlender SC says courts should be seen as institutions that strengthen rather than undermine democracy, notes a Business Day report. Budlender said that in a participatory democracy, the courts played a crucial role as a ‘critical mechanism of accountability’ to the people. The Constitution gave the executive the function of developing and implementing policy, but this did not mean that every policy could claim a genuine democratic mandate, he said. According to the report, Budlender said his four years’ experience as a civil servant had shown him ‘it was unelected officials like me who made many of the most significant decisions’ on policy. The theory that the executive had ‘a monopoly of wisdom on policy questions, based on a democratic mandate, strikes me as somewhat remote from reality’, he said. Budlender added if courts were to live up to their role in democratising society, they needed to make judgments that did not undermine the other constitutional imperative – that the government should be able to govern. – Business Day
