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.
Safety and Security Minister Charles Nqakula’s proposal to amend the Constitution so as to allow Police to detain arrested suspects for longer than 48 hours before charging them in a Court of law, sounds like a spectacularly unwise idea. He is arguing that Police find it difficult to always formulate a charge before the end of the 48 hour period and suspects are then set free and even sue the Minister for wrongful arrest. There are at least three ways to respond to the Minister of Safety and Security.
On the Cape Talk with John Maythem this afternoon, Peter Gastrow suggested we should re-look our Criminal Procedure model and investigate whether it would not be better to move towards a more inquisitorial system, like on the Continent. That way Magistrates, say, could play a more active role in the run up to a trial. Interesting suggestion worth exploring I think.BACK TO TOP