South Africa still has a good legal system, although minorities have reason to complain
25 October 2016
South Africa can still be satisfied with its legal system in a complex society, although minorities have reason to feel unhappy with comments where the rights of minorities are concerned, Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on Justice, says.
Adv. Alberts said during the debate on the state of South African Jurisprudence sitting comfortably with the Constitution or the need for change aligned with the principles and values of the Constitution, it is easy to set down guidelines in a complex society that will satisfy everyone.
He said there are numerous court decisions of which the country could be proud. This includes the Nkandla judgment of the Constitutional Court, the al-Bashir judgment, the protection of the right of South Africans living abroad to vote and allowing a class action case for the impoverished Transnet pensioners.
Comments in the AgriSA case on mineral resources and the Renate Barnard case about employment equity, however, indicates that minorities are being disadvantaged.
“Where transformation policies are concerned, jurisprudence tends to go in favour of government policy at the expense of minorities. A shocking example is the Constitutional Court’s decision on street names in Pretoria, which boils down to the Afrikaner’s history not being viewed as part of the greater South African historical narrative.
“More so, as it is in direct conflict with the letter and spirit of international law which stipulates that minorities’ right to self-determination is a given, as contained in section 27 of the International Treaty on Civil and Political Rights, which was also adopted and signed by the South African government and parliament. It is now being ignored.
“The ANC government has effectively captured section 9 of the Constitution which guarantees equality through making an exception as contained in section 9(2). In terms of the ANC’s program of transformation and representation, all levels of society must change to reflect the demographic reality of the country.
“This interpretation of the equality rule, however, does not appear anywhere in the Constitution. Yet, it is tolerated by the Constitutional Court in affirmative action cases. In turn, it creates a free pass for the ANC to create an environment where any organisation or sports team may be 1005 black, but never 100% white, brown or Indian. It is, in essence, a subversion of minority rights.
“This is the fundamental reason why minorities have also turned their backs on the ANC. International law is on the side of minorities, with the ANC having removed itself from the international moral high ground through a government norm of fraud, state capture, oppression of minorities and economic implosion.
“The FF Plus calls on the legal system to continue with its good work and to take a stand against government policy which destroys the country and its people,” Adv. Alberts says.
Issued by Anton Alberts, FF Plus parliamentary spokesperson: Justice, 25 October 2016