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)
13 March 2007

Dworkin: US and UK fall short on democracy

In a new book famous legal academic Ronald Dworkin argues that the conditions of genuine democracy are far from met in the US, the UK and other mature self-styled democracies. He explains his argument in an interesting article in today’s Guardian newspaper.

These conditions can easily be set out in very abstract terms. Government must respect human rights, it must respect religious freedom and other forms of freedom of conscience, it must distribute its wealth so as to give everyone a fair stake in its economy and, above all, it must conduct its elections and other political procedures argumentatively so that each citizen is treated as someone worth convincing not just outvoting.

The United States fails by all these standards, and Britain does not do much better. We fail most dramatically in the character of our politics. Our politicians treat us as ignorant consumers; they entertain us with slogans and sound bites rather than arguments. In America, a very pessimistic explanation of this degraded politics is now fashionable. Americans are supposedly divided into two radically opposed cultures: the red culture that wants its religion public, drinks beer, lives in the middle, and votes Republican, and the blue culture that keeps its religion (if any) private, drinks white wine, lives on the coasts and votes Democratic. Genuine argument requires some common ground from which argument can start, and the conventional wisdom now holds that these two cultures are so fundamentally divided, in every respect, that there is no common ground. Politics is doomed to be war by other means.

Do we qualify as a genuine democracy? Given our racial history and the ingrained attitudes of both those who had power and those who now have it, is it possible to say that we have that common ground needed for a real discussion?

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