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)
16 March 2008

Zuma’s Mauritian trip revisted

The Mail & Guardian reports that the Mauritian prime minister, Navinchandra Ramgoolam, has denied being asked by Jacob Zuma to “intervene” in the African National Congress (ANC) president’s legal fracas on the Indian Ocean island.

No, he didn’t ask me to assist him in his case. We can’t assist him, even had he asked. He came to see me, to call on me when he was here in Mauritius to say, just to tell me … what he was doing, that he wanted to challenge in court and I explained to him that in Mauritius we have a very independent judiciary, that he has to go through the court system and the courts will decide; nothing more than that.

This seems to suggest that my previous post about Mr Zuma’s trip might have been unfair. But when questioned about what prompted Ramgoolam’s comment to the Financial Times that “we don’t intervene”, his director of communication, Dan Callikan, said that Zuma “evoked his judicial problems” and Ramgoolam explained the Mauritian legal system to him.

So Mr Zuma did “evoke” his legal problems but did not directly ask for help. It is unclear why he would evoke his legal problems with the prime minister unless he was hoping that the prime minister might be of some use for him in this legal dealings. The prime minister obviously understood it that way otherwise he would not have felt the need to explain to Mr Zuma that he could not interfere.

At the very least Mr Zuma raised the legal problems with the prime minister and thus placed the prime minister in the difficult position of having to explain that he could not interfere. This is still inappropriate. If I were to bump into the Rector at a party and “evoke” my application for a promotion, it would be improper of me because I would at least subtly trying to gain an unfair and illegal advantage over others.

So, maybe my initial post was not so unfair to Mr Zuma after all but I am sure the good readers of this Blog will correct me if I am wrong.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest