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)
15 February 2007

"Their spledid eland has waded too far…"

Justice Willis of the Witwatersrand Division of the High Court seemed to have had considerable fun in writing his judgment in INGLEDEW v THEODOSIOU 2006 (5) SA 462 (W). Here are some extracts illustrating his verbal gymnastics. (Thanks to Craig for pointing this out to me):

“[T]he first defendant is what the newspapers would nowadays refer to as a ‘property tycoon’ or a ‘property mogul’ (without in any way intending any disrespect to the Muslim dynasty of Mongol origin which ruled much of India in the 16th to 19th centuries).”

. . . .

“[T]he first defendant made the classic error of ‘imperial overreach’. Like a splendid eland that has waded too far into a water-hole to get the advantage of the best water, he became mired in a bog in which his situation was desperate. The predators were circling.”

. . . . .

“But facts, the significance of which may each be as light as a feather, can accumulate to create a bag so heavy that it can deliver a resounding and even deathly blow. That, in my view, has happened in this case.”

. . . . . .

“In Ex parte Coney , 1952 (3) SA 745 (SR) Quénet J (as he then was) quoted with approval Jelf J in Booth v Walkden Spinning and Manufacturing Co Ltd , [1909] 2 KB 268. in which Jelf J had said:

‘First come first served is one of the necessary axioms of this life of ours.’

With due respect to both Jelf and Quénet JJ, I do not consider this ‘axiom’ to be an axiom at all. It is not a self-evident truth. See, for example, the Oxford English Dictionary . It is, more likely, part of the enduring (and perhaps even endearing) morality of English public schoolboys. But, as anyone who has been a little boy at boarding school will know, it is a less than perfect summary of justice.”

Wonder whether Justice Willis ever attended a boarding school? Hilton? Michealhouse?

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