Judge Mandlenkosi Motha sent an email to all four advocates in a case which deals with black economic empowerment.
The problem was compounded by the response of one of the implicated white lawyers, Johan Brand SC, who refused to make a submission to the court as directed by the judge.
In any event, section 9 of the Constitution makes clear that it is permissible to implement redress measures “designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination … to promote the achievement of equality.”and other judgments, such measures may often be required to work towards the achievement of equality.
This is one of the reasons why the Equality Act — binding on all persons, which for purposes of the Act include attorneys and their clients, law firms, and advocates — prohibits unfair discrimination. This means that a client or an attorney who consistently briefs only white men will be presumed to be discriminating unfairly on the grounds of race and/or sex.
The failure of attorneys and their clients, as well as advocates, to take active steps to address briefing patterns skewed by race and gender is also bad for the legal system in general and the judiciary more specifically.
You talk about judgement being passed on the position of the writer, and then launch into a derogatory prejudiced generalization of the position DA supporters.If I go to a doctor for a disease, I really only care about who does the best job, no matter their race and it is no different for lawyers. What do those studies say about the blacks/ disadvantaged groups who’ve not not only made it against the odds, but also surpassed the privileged? What traits caused that?
I will say one other thing. Forcing people into positions for which they are neither qualified nor desired is of no value to anyone. It destroys everything. We came a long way in sports to the point where not many positions in the Springbok team are argued to be affirmative anymore. We have a mixed team and they perform very well.Not many? Which in particular are you thinking of? In recent conversations I’ve had about selection, merit is the only criterion discussed. Race no longer comes into it.Yeah sure, as in cricket, rugby, swimming, athletics, gymnastics, rowing, water polo, canoeing and almost every other sport practiced in SA.
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