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.
According to ANC sources Lekota also made a decisive intervention at the ANC caucus meeting last Monday during the debate about the Bill, telling those members of the caucus who oppose same sex marriage that they had no choice but to support the Civil Union Bill. Same-sex marriage was a matter of discrimination, not of conscience, and the ANC had always been against discrimination of any kind.
The reason for this support stems from Lekota’s days as a Delmas treason trialist in the late eighties. One of his co-accused was Simon Nkoli who came out of the closet to his comarades during the trial. This action and the debates it inspired (they had lots of time to debate in those Delmas prison cells) prompted UDF leaders such as co-defendants Popo Molefe and Patrick Lekota to recognize homophobia as a form of oppression. Nkoli tragically died of Aids related ilness in 1998.
It just goes to show how people can change their view once confronted with a real life homosexual/black person/American. I will drink a glass of wine in honour of Nkoli tonight. Without him, and without people like Lekota who saw the link between various kinds of oppression, the Civil Union Bill would not have been possible. Neither would our progressive Constitution.