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)
29 April 2007

Fuddy-duddy equality = 0, critical equality = 1

Michael Osborn responded thoughtfully to my posts on affirmative action. It’s perhaps worth quoting from his response at lenght.

Pierre’s relativism is an invigorating and necessary corrective to the “false necessities” in which all institutions trade to legitimate and reproduce themselves. But the rejection of “standards” per se, like many other forms of thoroughly radical critique, rob us of our capacity for critique itself. As I have said, Pierre’s suggestion that standards are nothing but tools of exclusion is inconsistent with the unflinching absolutism that animated our attack upon apartheid education.

Pierre’s position enables him to evade the tragic choices that must sometimes be made between equal opportunity, on the one hand and what Benatar and his fuddyduddy ilk call “quality” on the other hand. It is easy to sympathise with Pierre in this debate. The practical pressures of transformation, and the abuse of “standards” as a rationale for racism, make such a denial very tempting.

I can offer no solution to this quandary. But I am convinced that, if Pierre is suggesting that (outside perhaps of the “hard” sciences), there exist no clear standards against which to measure quality, his position is incoherent, Like it or not, every discourse and practice is constituted by its implicit standards, the provenance of which are indeed always arbitrary, partial, unfair, exclusive – or reflect a colonial imposition. (Didn’t Foucault write that somewhere?)

That is not to say that all standards must not be interrogated. (Forgive the ghastly, but still trendy, term.) Indeed, in the best tradition of liberal pedagogy, unrelenting questioning of the most fundamental premises of a discipline must itself be part of that discipline. We are condemned to hack away at the branch upon which we stand – yet hope the branch never gives way under our feet. Unless we have a gift for self-levitation, we have no choice but to keep some (but not too much), faith in our branch.

Can’t say I disagree with much in this post. In an extended version of my remarks on affirmative action published in the Cape Times, I do actually say that I am not pleading for an abandonment of “standards”. If I get into that Boeing 747 I want to know that the pilot can land the machine without killing me. It’s the easy assumptions about standards that I decry.

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