Racists often victims of their own conduct
The Constitutional Court has ruled that a white man who called a colleague a ‘swart man’ was justifiably dismissed, primarily because he lied about saying those words and then showed no remorse for his conduct.
‘This ruling is likely to be used as a basis for alarmist arguments that political correctness has gone too far. But that interpretation completely misconstrues what is again a powerful warning to those guilty of racist conduct to own up, take responsibility and genuinely apologise – or face the consequences,’ says journalist Karyn Maughan, in an analysis of the ruling in Rustenburg Platinum Mine v SAEWA obo Bester and Others on the Times Select site.
She says the behaviour of former Rustenburg Platinum Mine’s Meyer Bester – and his lack of remorse for his proven racist conduct – was key to Justice Leona Theron’s unanimous judgment. Theron criticised both the CCMA and Labour Appeal Court for finding that the phrase ‘swart man’ was presumed to be ‘neutral’. Essentially, Maughan says, they had failed to acknowledge SA’s apartheid past, and its impact on the country’s current reality, in assessing whether Bester’s words were racist.
Crucial to Theron's reasoning was his own response to the charges against him. ‘Mr Bester has demonstrated an absolute lack of remorse for his actions and persisted with a defence of a complete denial. He did not acknowledge that his conduct was racist and inappropriate. He made no attempt to apologise,’ Theron said.
The judge added: ‘Mr Bester has not learnt to conduct himself in a manner that respects the dignity of his black co-workers. By his actions he has shown that he has not made a break with the apartheid past and embraced the new democratic order where the principles of equality, justice and non-racialism reign supreme.’
Maughan argues that just like Vicki Momberg – who sniggered at the witnesses against her and refused to fully recognise the hurt she had caused by using the k-word – Bester had failed to take responsibility for what he had said, and the hurt it may have caused. ‘These rulings are not overly harsh attacks on unwitting or emotionally overwhelmed people who said racist things without a full grasp of what they were doing. They are warnings to unrepentant racists who refuse to admit what they have done, or genuinely apologise. Bester and Momberg are victims of their own conduct and attitudes, not the legal system.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
