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)
7 November 2006

Tidbits from SCA Shaik judgement

I was struck by one paragraph in the SCA judgment in Shaik v S.

On 9 February 2000, a newspaper, City Press, reported under the heading ‘Senior defence official in arms corruption scandal’:
‘Claims under scrutiny include that:

  • a senior politician intervened to reopen negotiations for the contract to provide the corvette defence suite, after which French outfit Thomson, together with a local empowerment group, African Defence Systems, were declared the preferred bidders.
  • this was after a different local company received indications it was the preferred bidder.’

As was stated by the court below the report ‘clearly identified Thomson as one of the culprits in the allegations of corruption and left the identity of the senior politician to guesswork and rumour’. On the same day the Presidency issued a statement rejecting ‘any insinuation that Deputy President Jacob Zuma is implicated in shady arms deals’.

Zuma’s name was not mentioned in the report. Why would the office of the President issue a denial which in effect confirmed the existence of the allegations against Zuma. Grist for the mill for those who beleive in the conspiracy.

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