Quote of the week

Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation.  This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.

KHAMPEPE J and THERON J
Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29 (22 July 2019)
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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