Quote of the week

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.

Victor AJ
Mahlangu and Another v Minister of Labour and Others (CCT306/19) [2020] ZACC 24 (19 November 2020)
20 December 2011

The end of the year

It has been a long year, with so many political and constitutional twists and turns that it sometimes seemed hard to keep track of events and of who is up and who is down in our politics. The latest seemingly outrageous decision of a Parole Board to release two of the Waterkloof 4 killers to house arrest is just the latest in a long line of questionable decisions made this year by various officials.

I tried to ascertain – by reading the relevant sections of the Correctional Services Act – whether the release of the 2 Waterkloof killers were unlawful, but that Act is not easy to understand and I am just about to embark on holiday and, for the time being, was defeated by the complicated provisions of that Act.

What did strike me is the manner in which this case has been reported in especially parts of the Afrikaans media. Unlike with Schabir Shailk, where the reporting focused on the possible abuse of power in ordering Shaik’s release, some Afrikaans media outlets have been treating this case as if the Waterkloof killers have been the victims of a terrible injustice. How the cold blooded killers of a homeless man can ever be seen as victims is beyond me. I guess sometimes in our society race and language solidarity trumps everything else – including considerations of justice.

In any case, this is probably my last post for the year. I will be back early in the new year. Hope all readers of this Blog have a good holiday.

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