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’s the same impulse that turned President Mbeki into an Aids denialist. To admit to the reality that Aids was a huge problem was to admit to the reality that many South Africans had a lot of sex with a lot of people. This would be difficult to admit if you were a bit sex-phobic and actually thought that the stereotype of voracious black sexuality was a bad thing.
In any case Steinberg concludes:
During the apartheid years, the liberation movement fashioned an image of the South African masses as inherently dignified, rising above their circumstances to throw off the shackles of oppression. Sure, there were pathologies, but nothing that couldn’t be fixed by civilised public policy, nothing that couldn’t be mended by the acquisition of power. If the cream of SA’s activists and exiles had been canvassed in April 1994, I doubt whether any would have questioned the proposition that crime would slowly decrease, our overflowing jails begin to empty, our people find a good deal more peace and equanimity in the texture of everyday life.
Instead, governance has been hard, hard, hard, SA’s pathologies so frustratingly stubborn. I think that under President Thabo Mbeki our government has begun to feel that the nation it inherited is dispiritingly and congenitally ordinary. Under Mbeki, a government has fallen out of love with its people, perhaps even feels shunned and betrayed by them.
And so it becomes too difficult for leaders to call a press conference and declare that they share our pain because the pain itself inspires too much shame. They cannot tell us that they will do their best to bring this and that crime down, because they have become convinced that their best isn’t good enough. Nothing is.
I think that our government is in a moment of depression. I think it is denying its depression. It needs to snap out of it. It needs to govern.