Quote of the week

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.

Victor AJ
Mahlangu and Another v Minister of Labour and Others (CCT306/19) [2020] ZACC 24 (19 November 2020)
7 May 2012

ANC rejects Holomisa’s statement on gays and lesbians

Office of Chief Whip also disputes suggestion MPs were coerced to vote for POSIB

MEDIA STATEMENTS ATTRIBUTED TO INKOSI HOLOMISA

The Office of the ANC Chief Whip notes with great concern the recent utterances attributed to ANC MP Nkosi Patekile Holomisa where he has stated that “the ANC knows that the ‘great majority’ of South Africans do not want to promote or protect the rights of gays and lesbians.” The ANC Caucus distances itself from these views and would like it noted that at no stage has it considered debating this issue before Parliament.

The South African Constitution and its Bill of Rights remain the “cornerstone of democracy in South Africa” and Section 9 of the Constitution is viewed as one of the core values of the Constitution. It guarantees equality for everyone before the law and this equality includes the full and equal enjoyment of all rights and freedoms. Our Constitution is clear that “the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”.

The ANC believes that any law which denies people the right to their sexual expressiondevalues them in our broader society and as such is an affront to their dignity and a breach of Section 9 of our Constitution.

We would also like to dispel a further accusation attributed to Nkosi Holomisa where he argued that some ANC MP’s were coerced to vote for the Protection of State Information Bill by Luthuli House. The Bill in question was discussed at the ANC Caucus meeting where it was unanimously supported by all ANC MPs.

The ANC’s key objective is the creation of a united, non-racial, non-sexist and democratic society and we will not deviate from this objective. The ANC Chief Whip, Dr Mathole Motshekga, will at his earliest convenience meet with Nkosi Holomisa for clarity regarding his media statements.

Statement issued by Mathole Motshekga, The Chief Whip of the Majority Party, Parliament of the Republic of SA, May 6 2012

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest