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)
21 November 2006

Democracy can be such a bother

The problem with a constitutional democracy is, of course, that it provides people with a reasonable amount of freedom to do and say what they want.

In a democracy the pesky members of the media report on the improprieties of politicians (both the proven and rumoured variety) without having to fear imprisonment, assassination or closure of their newspaper.

If one is a politician – the President of the country or the head of the Police, say – living in a democracy can be quite a bother. Stuff reported in the media becomes part of the political reality and must be addressed, otherwise voters will inevitably assume that the media reports are correct.

President Thabo Mbeki does not seem to get this last point.

He is reported to have told religious leaders yesterday that they should trust him to do the right thing on Jackie Selebi and added that he did not want Selebi to be tried by the media.

If he has information clearing Mr Selebi’s name he should let us know what it is. He can call a press conference this afternoon and allow journalists to drill him, like they do in the UK and the USA.

By asking us to trust him because he knows best, President Mbeki is acting in a patronising and profoundly disrespectful way.

There is, of course, a vast difference between being convicted of a crime in a court of law, and merely acting in an unwise and suspicious manner. It is therefore disingenuous to say that Selebi is being tried by the media merely because the media is reporting on the fact that he is friends with an alleged mafia boss arrested for murder.

What the media is doing is fulfilling its appointed role in a democracy, namely to inform the public about important matters of national concern.

The Police Commissioner and the President are accountable to us – the people – and they therefore have a duty to respond openly and transparently to this new reality created by news reports. If they don’t, we have a right to assume that they have something to hide.

Yes, it’s a nuisance. Yes, it may tarnish Mr Selebi’s name. Yes, reporting can be sensationalistic. But that is the price to pay for a free press and a vibrant democracy.

Because we live in a democracy we do not have to trust our politicians. We have a right to demand answers and if those answers don’t come, we have a right to fire those in charge.

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