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THE ANNIVERSARY OF THE DEMISE OF NON-RACIALISM

Saturday 29 July was the 19th anniversary of the Constitutional Court’s judgement in Minister of Finance vs Van Heerden. It is a significant date because it marks a crucial point in the erosion of the foundational value of non-racialism and the unravelling of South Africa’s historic national accord.

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ARTICLE: HISTORICIDE

Our history mirrors the troubled histories of many other countries in North and South America and Australasia that were ‘discovered’ and settled by Europeans between the sixteenth and nineteenth centuries.  The indigenous populations were conquered, some were enslaved and nearly all lost their ancestral lands.   As Chief Red Cloud of the Sioux observed: “They made us many promises, but they kept only one: they promised to take our land – and they did.” Some indigenous people died resisting the invaders – but many, many more succumbed to the settlers’ diseases – perhaps as many as 90% of the population of South and Central America.

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ARTICLE: BRACKENFELL: THE AFTERMATH

The EFF obtained a permit for a demonstration by 100 people.  In the event, an estimated 2 000 of its supporters descended on the suburb.  Hardly any of the protesters wore masks and far exceeded the 500 permitted at outdoor meetings under COVID19 regulations.   According to the SAHRC some protesters were carrying golf clubs, axes and stones.    They caused serious damage to the Brackenfell Post Office, to traffic lights and roads and to a car dealership.  They burned a fire engine and set fire to grass. 

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CASE DISCUSSION: NO TOLERANCE FOR RACISM IN OUR CONSTITUTIONAL DEMOCRACY: SOUTH AFRICAN REVENUE SERVICE V COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION AND TWO OTHERS

foter concourt exteriorIn a unanimous judgment delivered by the Chief Justice Mogoeng, the Constitutional Court reinforced the founding values of our Constitution, which is built on human dignity and the achievement of a non-racial South Africa. This judgment sends a clear message to all employers and employees that racism will not and cannot be condoned in the workplace.

The matter was heard on appeal from the Labour Appeal Court (LAC) and concerned the dismissal of a South African Revenue Service (SARS) employee in 2007 after a dispute where he referred to his senior colleague as a “k****r” and stated that “a k****r must not tell me what to do”. In terms of a collective agreement between SARS and the unions, SARS conducted a disciplinary hearing and the employee pleaded guilty to the use of abusive and derogatory language towards his senior. The sanction imposed by the independent Chairperson, which was agreed to by all parties at the disciplinary hearing, was a final written warning valid for six months, as well as suspension without pay for 10 days. The employee was also directed to undergo counselling. The SARS Commissioner (the Commissioner) unilaterally changed the final written warning to a dismissal, without affording the employee the opportunity to make representations and effectively going against a sanction approved by the SARS representative who attended the disciplinary hearing. The aggrieved employee referred the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) on the ground of unfair dismissal.

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The FW de Klerk Foundation is proud to share their 2023 Cultural, Religious and Linguistic Rights Report Card.