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.
It is my view that the challenge now is to begin to understand that minimum sentencing legislation is not the panacea for our crime problem. Rather, it is the certainty of punishment that is far more of a deterrent. Also, that sustained change will require substantial investment in the development of sound social policy on issues such as education, health and poverty alleviation.
I cannot agree more. But punishment is not only about deterrence. Punishment in criminal cases should also reflect, to some degree, the seriousness with which a society views different crimes. Punishment therefore has a strong symbolic function. When the criminal justice system fails to adequately punish even those few perpetrators convicted of rape and other violent crimes against women, it sends a signal that the system does not value women equally with men.
We will not stop rape by forcing judges to impose minimum sentences for rapists. But such laws will make judicial officers think again about their views on rape and will send a signal that as a society we abhor violence against women. Such a signal will be far more potent than the pious statements of politicians during the sixteen days of activism because it says we are prepared to put the power and the money of the state behind this effort to stop rape.