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Let me try to rationalise this hlaudi motsoeneng debacle.
People from Hlaudi M's generation were deprived education by the political system of their time. They had limited choices, either to focus on their limitations and become eternal victims or rise above the challenges and find alternative means of personal development. Hlaudi Motsoeneng chose the latter,starting from grassroots working himself up to gain in-training-on-the-job experience over decades long.
Today, the beneficiaries and/or founding fathers, still Members of Parliament, now under just a different party(DA), of that same system that deprived Hlaudi M of education, demand that his lack of the requisite educational qualifications disqualifies him to hold the post for which he otherwise is most qualified and experienced for.
Where is the rational or justness in all this?
We will be damned to perpetuate injustices of the past to overflow into the present and dictate decisionmaking and execution of the justice system today, in our endeavour to balance the scales of economy.
Laws are made for the people; not people for the law; meaning unjust laws must be reviewed and amended to suit the needs&circumstances of the people and not people shrinked to fit the confines of unjust laws.
Labour Laws and any other laws that do not cater for a balance to be striked between the injustices of the past and the demands of democracy of the day, must be reviewed, amended and repealed where necessary, for violation of those persons' right to earn a living. The Public Protector's findings on the Hlaudi M's case failed to strike that balance; it is unbalanced and it is that Report that should be subjected to the scrutiny of the law of what is just and fair in an open and democratic society; not Mr Motsoeneng's educational status, his misfortune of which he is not his own master.
To me this has become a human right's issue, demanding intervention of the Constitutional Court to rewrite laws and regulations that perpetuate unjust yardsticks when measuring a person's suitability for senior posts. Should these laws be left as is, it means those who were deprived education by unjust laws of the past are automatically excluded from any meaningful competition on top levels in the labour market. Intervention by the Concourt is essential ; not just for Hlaudi M, but for all those who are remnants of an unjust system under an oppresive past.
I disagree with Hlaudi's attorneys that there is no subject matter in the jurisdiction of the Concourt to consider.
