Quote of the week

Excluding refugees from the right to work as private security providers simply because they are refugees will inevitably foster a climate of xenophobia which will be harmful to refugees and inconsistent with the overall vision of our Constitution. As a group that is by definition vulnerable, the impact of discrimination of this sort can be damaging in a significant way. In reaching this conclusion it is important to bear in mind that it is not only the social stigma which may result from such discrimination, but also the material impact that it may have on refugees.

Mokgoro J and O’Regan J (dissenting)
Union of Refugee Women and Others v Director, Private Security Industry Regulatory Authority and Others (CCT 39/06) [2006] ZACC 23
12 October 2009

Why the Rule of Law is not only important for the rich

Justice Johan Kriegler has been vilified by some because his organisation, Freedom Under Law (FUL), decided to challenge the decision of the Judicial Services Commission not to investigate the charges against Judge President John Hlophe. Kriegler argued that it was necessary to take this action in order to defend the Rule of Law. If even a small bit of what is shown on the video below and alleged elsewhere by Abahlali baseMjondolo is true, it conclusively demonstrates why the defense of the Rule of Law is not a frolic to protect the rich and well heeled alone.

If members of the police take sides in local conflicts and if local politicians do not respect the law because they think that state institutions will not respect the law and will turn a blind eye to their lawlessness and criminality, social activism and political mobilisation – both essential for the thriving of democracy – will be snuffed out and our beautiful Constitution will not be worth the paper it is written on. Anyone who dares to oppose the whims of local power brokers and charlatans acting under the protection of local politicians will face the threat of violence or even death.

This is slightly more important, I suspect, than whether John Hlophe is a crook or whether the members of the JSC are unprincipled political hacks doing the bidding of the ANC. Watch this video and weep.

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