Quote of the week
Early in 2016, a racist outburst by a white woman in KwaZulu-Natal, Penny Sparrow, ridiculing Black beachgoers as ‘monkeys’, and announcing that thenceforth she would ‘address the [B]lacks of South Africa as monkeys’, published in her online profile, was quickly disseminated countrywide. It convulsed South Africa in shame and acrid anger. The [Constitutional] Court was not unaffected. Previous members of the Constitutional Court took comfort in reflecting, with evident satisfaction, on the absence of racially loaded and racially defined splits. Dramatically, these now fractured the Court.
"Rainbows and Realities: Justice Johan Froneman in the Explosive Terrain of Linguistic and Cultural Rights" - Constitutional Court Review
Dignity, children and dagga
The High Court remarked: “It follows then that criminalising children for cannabis-related offences, even under the guise of prevention and/or deterrence, will have a profound disproportionate negative effect on them. The criminalisation, moreover, is a form of stigmatisation which is both degrading and invasive. Children accused of such offences risk being labelled and excluded by their peers in circumstances where as a society we have accepted this type of behaviour”. I agree with the High Court that a child is vulnerable to being stigmatised by her peers and loved ones. This has a direct impact on her sense of self-worth as well as her worth in a social context. Imposing a criminal sanction for the use and/or possession of cannabis on a child, therefore, infringes on her right to dignity.
