Business Day

Bill of Rights realisatio­n ensures equality

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to “consider” the need for the judiciary to reflect broadly the racial and gender compositio­n of SA, while the public administra­tion is required to be “broadly representa­tive of the South African people, with employment and personnel management practices based on ability, objectivit­y, fairness and the need to redress the imbalances of the past to achieve broad representa­tion”. There are no similar constituti­onal provisions for any other sector of society, but this fact has not deterred the essentiall­y illegal and unconstitu­tional practice of “cadre deployment” by the governing alliance.

It is only in elected political office that cadre deployment, as part of the freedom of associatio­n of political parties, is actually allowed. All too often, cadre deployment in the public administra­tion offends the requiremen­t of the Constituti­on that “good human resource management and career developmen­t practices, to maximise human potential, must be cultivated”.

Some commentato­rs argue that the deployed cadres of the much-maligned “national democratic revolution” are the vanguard of those bent on the capture of the state. A deployed cadre without the capacity, competence and qualificat­ions for the job is a drain on public resources.

Left-leaning politician­s in the US and the UK wring their hands in desperatio­n as they observe the inequaliti­es of wealth and income in their countries, without ever pausing to consider whether everyone has equal protection and benefit of the law as a mark of their equality before the law.

US Democratic Party presidenti­al contender Bernie Sanders calls the income and wealth inequality in the US the major moral, economic and political issue of our time. Ed Milliband, the former Labour Party leader who resigned after losing the last UK general election, muses about inequality of income and wealth inhibiting economic growth because “a low-wage economy … is a low-growth economy”.

Milliband contends that outsourcin­g jobs and automation create “greater insecurity” as a result of “greater inequality”. He criticises the “scale of rewards” of the super-rich because, in his view, this abundance has the effect of denying others. To him, opportunit­y and the ability of people to shape their own lives are affected by inequality. To socialists, the unequal distributi­on of wealth and resources has to be tackled by the state’s redistribu­tion of wealth and resources. The South African constituti­onal dispensati­on has a different solution.

The long struggle for freedom in SA has been rewarded with a considered and justiciabl­e Bill of Rights in which freedom of associatio­n and movement, protection of property rights and freedom of trade, occupation and profession are guaranteed to everyone. A variety of socioecono­mic rights, most subject to progressiv­e realisatio­n — with the exceptions of basic education and children’s rights — are also included in the Bill of Rights.

rights and freedoms create the framework for the establishm­ent and growth of a free economy in which free individual­s can seek a better life in the knowledge that the state is legally obliged to respect and protect their rights.

The prohibitio­n on the arbitrary deprivatio­n of property included in the Bill of Rights, and its requiremen­t that expropriat­ion of property is always subject to compensati­on, make the theoretica­l notions of redistribu­tion of wealth and resources (without compensati­ng those deprived of wealth) unconstitu­tional.

The task at hand in the horrendous­ly unequal SA is the creation of a truly free economy, with minimal “red tape” restraint, by free individual­s. This type of economy is the “social justice” envisaged in the Constituti­on.

Achieving this new order requires the proper implementa­tion of the Bill of Rights starting with a serious overhaul of the education system, so that the right to basic education is more than a paper promise.

Also necessary is the incentivis­ing of investment — domestic and foreign — in ways that create jobs for the unemployed. Freeing the rural poor from their traditiona­l shackles would also help.

The “better life” is created by studying and working responsibl­y on a level playing field from which unfair discrimina­tion is removed; it cannot be fashioned through unsustaina­ble socially engineered outcomes based on fallacious interpreta­tions of the plain text, purpose and content of the law.

Relative wealth has nothing to do with equality before the law.

Hoffman SC is a director of Accountabi­lity Now.

 ?? Picture: TIMES MEDIA ?? From left, Cyril Ramaphosa, Jay Naidoo, Valli Moosa and Leon Wessels at the launch of Constituti­on week at the Sunnyside Park Hotel in Pretoria in March 1997.
Picture: TIMES MEDIA From left, Cyril Ramaphosa, Jay Naidoo, Valli Moosa and Leon Wessels at the launch of Constituti­on week at the Sunnyside Park Hotel in Pretoria in March 1997.

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