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Affirmative Action Debate

The Affirmative Action debate, currently running in the Legalbrief Today newsletter, was sparked by two academics taking divergent views on the issue.

In a entry on his Constitutionally Speaking blog, Pierre de Vos, a law professor at UWC, challenges the views of UCT philosophy professor, Professor David Benatar, who argued in a recent article on the ever-fasternews.com site that one of the problems with affirmative action was that employers would appoint ‘less qualified’ or ‘weaker’ black candidates above ‘more qualified’ or ‘stronger’ white candidates. De Vos challenges this view, saying: ‘I would ask: on what basis exactly will those in charge at an institution decide that one person who happens to be black is “less qualified” or “weaker” than another person who happens to be white? Who will decide on the set of standards to be used, and on what cultural, institutional or other ideological assumptions will these standards be based?’ He makes the point that ‘in an organisation where the institutional culture is deeply entrenched (as in many previously “white” universities and companies) it is difficult for those deeply invested in the culture to recognise that their views about what is good and bad for the institution are not neutral or universal, but very much the product of a certain time and place and identity’. He adds: ‘In such an organisation, an invisible norm – often based on a set of deeply ingrained cultural and racial assumptions – is deployed by those in power as a neutral standard, without any acknowledgement or understanding that this will inevitably perpetuate the unfair status quo and exclude those who do not share their worldview.’
The Benatar article
The De Vos article

Legalbrief Today readers have added their voices to the debate. Click on the headline of each item below to read the full letter.

AA opponents fail to acknowledge effects of apartheid
I have read the articles of both Professor Benatar and Professor de Vos. As a “black” South African, it makes me sad that the so-called debate around affirmative action “rages on” in much the same way as when the Employment Equity Act was first enacted.

Limited value in contrasting academics' views
It should be pointed out that Professor David Benatar is not a professor of law at UCT. He is a professor of philosophy and the head of the UCT Department of Philosophy.

AA debate misplaced
The debate around Affirmative Action is some how misplaced and confusing.It becomes worse when people use 2010 to justify why the disadvantaged should perpetually be in the periphery of economic activity and be still classified as inferior species when it comes to them occupying positions of power and influence.

Affirmative Action is not working
Affirmative Action is again under critical scrutiny; the general consensus is that it is not working. The Minister of Finance has conceded that this is so. Western Cape Transport and Public Works Minister, Marius Fransman, is of the view that the manner in which affirmative action has been implemented has resulted in a skills shortage that will cripple Cape Town’s ability to meet its 2010 commitments and has called for a three year moratorium in respect of skills which are in particularly short supply.

Who's REALLY benefiting from unrefined AA?
I have perused the arguments of both the contributors on this very lively debate. I do believe that both contributions merit consideration and give an overview of two very opposite views on Affirmative action. The argument by Professor de Vos brings a very difficult thought to mind and that is, whether there will ever be unity in diversity and a true feeling that South Africa belongs to all who live in it? Will there ever be a system of merits or common values that will accommodate the the aspirations of all South Africans and that will not alienate one group from participating in building a true non racial, non sexist society?

Boardrooms populated by people with socialised ideas
I read De Vos' article (and Benatar's) and I agree with De Vos whole-heartedly. De Vos makes this very valuable point - if one has a certain world-view and this world-view has always been one where privilege is taken for granted, then it is very difficult to put yourself into someone else's shoes and see the world from a different perspective and fundamentally understand discrimination and racism.

We need an AA sunset clause
I think Professor de Vos misses the point. I accept his position that any so-called objective “norm” is merely a construction of values that evolves from a history that is not “normal”, and seeks to call that norm an objective reality.

Magistrates and Race
The lens from which Professor David Benatar looks at South Africa in general, in particular Affirmative Action, like a bikini, may reveal and show the most that is enticing and pleases the eye of opponents thereto but what it hides may sometimes be fatal. Policy cannot be measured in the same way that you would measure wors production at your local butcher.



  


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