Article By: Sfiso Benard Nxumalo
Photo: Sisanda Mpiti
The term ‘previously disadvantaged’ is often thrown around without discrimination in ‘post’-Apartheid South Africa to describe black South Africans (hereinafter referred to as ‘blacks’) in the new constitutional dispensation. This is highly problematic in that it presupposes that the dismal state of affairs in black communities are in the past and that we are now magically living in a non-racial society, which in turn, ignores the deeply rooted racism that exists in our society. The aim of this brief paper is to expose and criticise the previously in previously disadvantaged from a jurisprudential perspective.
Perhaps it would be fruitful to provide context behind the notion of the previously disadvantaged. This phrase became notorious after the advent of the Constitution of the Republic of South Africa, 1996 and the introduction of the Bill of Rights. The idea behind it is that with the abrogation of apartheid (formal laws which openly discriminated against blacks), racism and white supremacy were also eradicated. It seems to suggest that blacks are now magically equal to white people (hereinafter referred to as ‘whites’) as purported by the equality clause (section 9 of the Constitution). This phrase is flawed and ignores the material conditions that exist in ‘post’-apartheid South Africa.
First and foremost, the 1990 – 1994 negotiations between the government of the time and black liberation movements were actually negotiations to reconfigure and reconstruct white supremacy and to dilute the suffering of blacks. Ramose (p5) in An African perspective on justice and race asserts that during these negotiations, the parties involved had to make a choice between two contending paradigms, i.e. democratisation and decolonisation. The former refers to the inclusion of blacks into an already unjust system by giving them abstract rights and recognising them as citizens.
The significance of this paradigm is that it allows the colonizer to retain power and use extinctive prescription as means of holding on to wealth, resources and land in the colonised land. Conversely, the latter, in essence, has to do with getting rid of white-owned South Africa. It concerns itself with removing white supremacy and white monopoly over South Africa through the redistribution of land, prioritizing the needs of the colonised and eradicating colonial power.
The concerned negotiating parties chose democratisation over decolonisation, which in effect meant recognising blacks in the new constitutional dispensation and allotting abstract human rights to them but maintaining the material conditions and unjust system. To provide context, section 25 of the Constitution, commonly referred to as the property clause, states no one may be deprived of property subject to various other sub-clauses. This is significant in that it safeguards the unjust system that was created by the apartheid government in which whites owned over 80% of land and over 90% of capital and it ensures that the government cannot redistribute wealth and land accordingly (Jones and Stokke, 2005: 135). So it is unquestionably clear that the Bill of Rights (the Bill of Whites) maintains the status quo.
Secondly, and as a result of the negotiations, the mere existence of townships in ‘post’-apartheid South Africa provides a critique to the notion of the previously disadvantaged. Townships were created as places to store disposable black labour hence their location being outside the parameters of towns, cities, mines and industrial areas. Black people were expected to travel all the way from these townships to work in cities and industrial areas, and then go back home, away from the white population. Historically, townships are characterised by a lack of service delivery, overpopulation, and lack of resources such as water or electricity.
A quick scan over South Africa’s demographic set-up today reveals, unsurprisingly, that nothing has pretty much changed. For instance, right next to Africa’s richest Square Kilometre, Sandton, you will find Alexandra. Alexandra is a township, which has over the years been described as a township with relatively high crime and unemployment statistics. Yet Sandton, on the other hand, is praised for being a world-class city and an economic hub where most large corporations and businesses are based. How can one be described as previously disadvantage whilst living under the same material conditions that were present in the former apartheid-governed South Africa when these people still go to cities in order to do work for white-owned corporations?
Furthermore, these very same townships are hubs for violence. Frankly put, townships are the theaters of the destruction of black bodies. It is the place where black-on-black violence occurs. The systematic creation and strategic placement of beer halls and taverns in townships created a hostile situation whereby many black people were frustrated by their political and economic oppression. Pre-1994, we witnessed this so-called black-on-black violence when the members of the ANC and members of the IFP engaged in a bloody conflict which was fuelled by the apartheid regime.
Today, we see the violence between black South Africans and black foreign nationals on the increase. Although no justification can possibly be provided for the brutality we have shown our fellow Africans, I would like to venture into factors that are of paramount importance when it comes to this sensitive issue. For starters, it is not coincidental that these so-called xenophobic attacks find expression in townships as this is due to the historical violent nature of townships where people are so frustrated by the material conditions that they see their neighbour as the cause of their poverty.
For example, many of the attackers justified their actions by saying that the foreign nationals are stealing their jobs and wives and also blame them for the ever-increasing crime rate. All of these reasons, whether valid or otherwise, is immaterial at this point; the main crux is to hammer in that the material conditions still remain the same and blacks are still frustrated by these material conditions.
Thirdly and briefly, African customary law is subject to the Constitution and common law. What this means is that the African way of living and the experiences of blacks are measured according to white normativity and render the perspective of whites as the general standard of legal analysis. This emphasises that the law is still ideated by whites and consequently favour whites. In Afriforum v Malema 2011 (6) SA 240 (EqC), the court held that the struggle song, dubula ibhunu, amounted to hate speech towards the white community and barred it from being sung.
It is evident that when something challenges white normativity, it becomes criminal or illegal. Also, the 1996 Constitution is deemed to be the supreme law of the country, whereas the other previous constitutions were merely legislation, and as such it safeguards the status quo and ensures that African laws and ways are still subject to the ‘white-thing-to-do’ perspective.
Another critique to the previously disadvantaged is the substandard education that black people still receive. In many government-owned schools, the standard of education is quite below standard in that the buildings are not well-maintained; there is a lack of resources and facilities such as libraries and laboratories and as seen in recent years, a lack of textbooks and learning material. One can infer from this that a considerable amount of blacks still receive education, which in terms of quality differs from predominantly white schools. The current distasteful conditions of predominantly black schools are a consequence of the historical disregard of blacks and the belief that blacks are not intellectual enough to handle academic rigor. Majority of blacks are still under educated? in the new South Africa.
In conclusion, the critiques that one may provide are as many as the years in which blacks have been dominated and oppressed by whites. The point of this paper is to highlight that blacks are still disadvantaged and handicapped. To think that blacks are equal to whites due to the Constitution is a fallacy – it ignores the material conditions of blacks and the historical injustices that exist in modern day South Africa where blacks, although recognised as citizens, are treated as second-class citizens.
Sfiso Benard Nxumalo is currently a second year LLB student at Wits University.
I agree with your fundamental point that it is fallacious and totally misleading to observe or to label any Black South African person as “Previously Disadvantaged.” I think you have illustrated that issue perfectly and I salute you for it. As regards the Negotiations which ended Apartheid at least legally if not socially, you have pointed out that the Parties had a choice of sorts : Democratisation or De-Colonisation as you put it, quoting Ramose. Again, I agree that you are correct in the assertion. Upon Reflection of it, though, two questions arise in my mind:
1.0 From the Point of View of the ANC , and the other anti-apartheid groups, do you think that some form of De-Colonisation / Capital Ownership transfer on a Grand scale was ever a realistic vision in the circumstances? If so, how could it have been achieved differently, on what kind of time-scale and what would the potential effects of such a process have been? OR, was there another, viable alternative.
2.0 IF we envisage that there was another Viable de-colonisation process which would not have produced highly undesirable or unforseen effects, Would it not be correct to assert that THIS agenda should have been the underpinnings of ANC Policy at those very Negotiations, and indeed of ANC policy to date.
In effect, then, I wonder if it is true to state that the ANC, in agreeing to the process you have eloquently described, did not elect a different path than one which would have been to the best advantage of (hopefully) all South Africans, or at least, of Black South Africans.
Was there another deal on the table, which the ANC Ignored? if so, why?
(OK that was more than 2 questions)
Salut
CS
Spot on. Laws are written papers that mean little unless they are actioned. An language is evil because the previously disadvantaged term in SA applies in reality to just a selected number of individuals, the majority of this country is still disadvantaged, since they live in conditions of poverty, violence and abuse. My only point of disagreement is about customary v. common law. Customary does not mean that it is OK. “Shoot the boer” was a war song, directed towards the oppressor, so as much as the song was fine to sing decades ago, there is no space for it nowadays. In the same way that calling a black man “a boy” was a very customary white thing here, from what I have been told, and for obvious reasons it is not OK nowadays.
I first arrived to Joburg in 2003. Little has changed, still the same poverty, still the same low wages that everybody seems to be cool with because in the end it is “unskilled jobs” (but a domestic worker in western Europe earns in 1 hour what a domestic worker in SA earns after a full day of work), still the same crap. Many people in SA earn wages for full time jobs that do not allow them to have a decent life and since 1994 practically nothing has been done about it, in real terms, that people still live under an Apartheid system, that’s the real drama and not whether
And although I know that things do not change overnight, I am starting to wonder myself if they will ever change here. I see no drive, all I see is moaning about the whites, “whites were evil and the still keep a privilege” or moaning about the ANC “ANC is corrupt”. Well, that’s been established long ago, whites were a bunch of tossers, they still enjoy in general very high standards of life. and for the ANC empowerment means that they and their friends get more shares in the JSE.
The whites are sorting out themselves, it is just a question of demographics (emigration + low birth rate among SA white couples), in 40 year times blacks will struggle to see white faces around.
The betrayal of the ANC to the black people of SA is epic, it is unforgivable. I think this is way more important than a few whites drinking champagne.
And still, nobody is able to organize a credible alternative to make things better, to tackle those fundamental issues (secure environment, jobs, education, decent healthcare, etc) plus the necessary adjustments to other issues like income disparity, access to land, etc.
Hi just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different internet browsers and both show the same results.
You need to participate in a contest for probably the greatest blogs on the web. I will advocate this web site!
There are undoubtedly a whole lot of particulars like that to take into consideration. That’s an excellent point to bring up. I give the thoughts above as general inspiration but clearly you’ll find questions like the 1 you bring up where probably the most critical thing will be working in honest good faith. I don?t know if most effective practices have emerged about issues like that, but I’m positive that your job is clearly identified as a fair game. Both boys and girls feel the impact of just a moment’s pleasure, for the rest of their lives.
I have been examinating out some of your articles and i must say pretty clever stuff. I will surely bookmark your website.
Hi my family member! I want to say that this post is amazing, great written and come with approximately all significant infos. I would like to look more posts like this .
I’m now not certain where you’re getting your info, however great topic. I needs to spend a while learning much more or working out more. Thank you for fantastic information I was searching for this info for my mission.
There is perceptibly a bundle to identify about this. I feel you made various good points in features also.
It’s onerous to find educated people on this topic, but you sound like you understand what you’re speaking about! Thanks
hello!,I like your writing so much! share we communicate more about your post on AOL? I need a specialist on this area to solve my problem. May be that’s you! Looking forward to see you.
Lovely website! I am loving it!! Will come back again. I am taking your feeds also.
You made some respectable points there. I regarded on the internet for the difficulty and located most individuals will associate with along with your website.
The article has actually peaks my interest. Iwill
bookmark your site and keep checking for new info.
Good info. Blessed me I reach on your own website by accident,
I bookmarked it.
Zithromax Headache [url=http://cial5mg.xyz/generic-cialis.php]Generic Cialis[/url] Cheapeast Clobetasol Discount In Internet Zenegra Pills Buy [url=http://xenical.ccrpdc.com/xenical-free-offer.php]Xenical Free Offer[/url] Bentyl 20mg Ibs Best Site To Buy Viagra [url=http://cial1.xyz/cialis-online-usa.php]Cialis Online Usa[/url] Cialis Impotencia Disfuncion Erectil Priligy Pastillas [url=http://zol1.xyz/sertraline-no-prescription.php]Sertraline No Prescription[/url] Tadalis Sx Soft Online Bestellen Generic Viagra Customer Reviews Forum [url=http://kama1.xyz/kamagra-oral-jelly.php]Kamagra Oral Jelly[/url] Comparativa Viagra Cialis Dosage Cephalexin Bladder Infection [url=http://nolvadex.ccrpdc.com/purchase-nolvadex-online.php]Purchase Nolvadex Online[/url] Dapoxetina Modo De Empleo Viagra Azione [url=http://cial5mg.xyz/cialis-online-cs.php]Cialis Online Cs[/url] Viagra Generico Al Miglior Prezzo Cialis Nueva Presentacion [url=http://kama1.xyz/cheap-kamagra-uk.php]Cheap Kamagra Uk[/url] Cialis generika 20mg kaufen Generic Online Pharmacy [url=http://cial5mg.xyz/generic-cialis-pricing.php]Generic Cialis Pricing[/url] Securetabs Io Col Viagra Mi Calmo [url=http://cial5mg.xyz/how-to-order-cialis.php]How To Order Cialis[/url] Lasix With No Rx Fast Shipping Further details about how we use your information can be found within the For all media and press enquiries please click here Unclebuck. [url=http://nowfastmoney.com]cheap loans[/url] Counseling Demo Plus Counseling can be completed at any time to help PLUS borrowers Complete Direct SubsidizedUnsubsidized Loan Master Promissory Note MPN If you have a verified FSA ID log in to StudentLoans.Your guarantors credit history is also checked to make sure theyre in a safe position to be able to support your loan.Achat Kamagra Nantes [url=http://cial1.xyz/cialis.php]Cialis[/url] Chantix Kamagra Green Comprar [url=http://cial1.xyz/purchase-cheap-cialis.php]Purchase Cheap Cialis[/url] Cialis Non Si Alza
Can I Buy Plavix In Canada [url=http://zol1.xyz/generic-zoloft-usa.php]Generic Zoloft Usa[/url] Pharmay Cheapest Renovables A Propecia [url=http://cial5mg.xyz/cialis-order.php]Cialis Order[/url] Buy Doxycycline Cephalexin And Laying In The Sun [url=http://nolvadex.ccrpdc.com/nolvadex-dosage-pct.php]Nolvadex Dosage Pct[/url] Buying Viagra Online Doha Acheter Du Propecia Franceachat De Propecia En Espagne [url=http://cial5mg.xyz/order-generic-cialis.php]Order Generic Cialis[/url] Travail Reel Dapoxetine Buy Now Fedex Real Progesterone C.O.D. Without Rx [url=http://kama1.xyz/kamagra-oral-jelly.php]Kamagra Oral Jelly[/url] Kamagra And The Fda Viagra Bald Gunstiger [url=http://zol1.xyz/buy-zoloft-online.php]Buy Zoloft Online[/url] Propecia Para Ellas Buy Plavix Uk [url=http://cial5mg.xyz/need-to-order-cialis.php]Need To Order Cialis[/url] Viagra Pfizer 25 Mg Finax And Propecia [url=http://zol1.xyz/zoloft-buy-online.php]Zoloft Buy Online[/url] Viagra Cialis Efficacia Viagra Generique Quebec [url=http://viag1.xyz/real-viagra-online.php]Real Viagra Online[/url] Buy Retin A Without Rx Precio Cialis 20 En Farmacia [url=http://viagra.ccrpdc.com/buy-real-viagra-online.php]Buy Real Viagra Online[/url] Where Does Propecia Grow Hair Hi Jem advance Pay to the Order of the employee Memo advance against Frederick Wherry is a professor of sociology at Yale University and the author of The Culture of Markets. [url=http://quickloan-24.com]payday loans no credit check[/url] Cash Fairy reserves the right to add or subtract from this list at any time.Now all the federal student loans come from the Direct Loan Program and other lenders can only issue private student loans.Clomid 50mg Posologie A [url=http://inderal.ccrpdc.com/propranolol-free-trial.php]Propranolol Free Trial[/url] Stendra Mastercard Accepted Tyneside Cialis Non Ha Funzionato [url=http://kama1.xyz/purchase-kamagra-usa.php]Purchase Kamagra Usa[/url] No Precreption Avodart 0.5 Mg Levitra Para Diabeticos [url=http://cial1.xyz/buy-online-cialis.php]Buy Online Cialis[/url] Amoxicillin Tooth Infection Dose Cialis Generique Test [url=http://cial5mg.xyz/low-cost-cialis-online.php]Low Cost Cialis Online[/url] Svizzera PuРіС– Acquistare Kamagra Cheapest Viagra Available [url=http://viag1.xyz/price-generic-viagra.php]Price Generic Viagra[/url] Prezzo Viagra 100 Mg Canada Levitra Buy Online [url=http://inderal.ccrpdc.com/map.php]Order Propranolol[/url] Ed Meds Online Discount Paypal Cialis Immagini [url=http://zithromax.ccrpdc.com/shop-zithromax-online.php]Shop Zithromax Online[/url] Buy Best Price Viagra Cialis 5 Mg Precio Vademecum [url=http://cial5mg.xyz/cialis-viagra.php]Cialis Viagra[/url] Will Propecia Stop Mild Baldness Organic Viagra [url=http://prednisone.ccrpdc.com/buy-deltasone-online-20mg.php]Buy Deltasone Online 20mg[/url] Cephalexin Respiratory Pet Rats Buy Viagra In Ontario [url=http://cial1.xyz/buy-cialis-online.php]Buy Cialis Online[/url] Direct Secure Ordering Bentyl Saturday Delivery Kingston Viagra Dosierung Cialis [url=http://kama1.xyz/cost-of-kamagra.php]Cost Of Kamagra[/url] Zithromax Pfizer Canada Buy Azithromycin Fast Shipping [url=http://viag1.xyz/order-viagra-online.php]Order Viagra Online[/url] Priligy Bijwerkingen Cialis Su Internet [url=http://cytotec.ccrpdc.com/buying-cytotec-online.php]Buying Cytotec Online[/url] Cephalexin Allergy discount isotretinoin acne for sale best website visa [url=http://viag1.xyz/fast-shipping-viagra.php]Fast Shipping Viagra[/url] Secure Real Progesterone 100mg Menopause Best Website Shop Kamagra Pour Femme Faire [url=http://kama1.xyz/online-generic-kamagra.php]Online Generic Kamagra[/url] Where To Order Free Shipping Online Stendra Worldwide Posologie Cialis [url=http://cial1.xyz/cialis-online-cs.php]Cialis Online Cs[/url] Propecia Es Malo Amoxicillin 500 Clav K 125 Mg [url=http://prozac.ccrpdc.com/prozac-usa.php]Prozac Usa[/url] Viagra Alkohol Gefahrlich Viagra 28 Ans [url=http://propecia.ccrpdc.com/purchasing-propecia.php]Purchasing Propecia[/url] Wirkung Viagra Pfizer Tadalis Sx Soft Buy Tadalis Sx Soft [url=http://cial1.xyz/buy-cialis-online.php]Buy Cialis Online[/url] Propecia Es Igual Que Proscar Priligy Uk Buy [url=http://zol1.xyz/purchase-generic-zoloft.php]Purchase Generic Zoloft[/url] Effetti Collaterali Viagra Cialis Amoxil Orale [url=http://viag1.xyz/generic-viagra-sales.php]Generic Viagra Sales[/url] Levitra With Dapoxetine Viagra Cheapest Price [url=http://nolvadex.ccrpdc.com/nolvadex-oral.php]Nolvadex Oral[/url] Cialis Generico 5mg Keflex Staphylococcus Furuncle [url=http://clomid.ccrpdc.com/how-to-buy-clomid.php]How To Buy Clomid[/url] Progesterone Low Price Ups