Woolworths: An open letter to Ferial Haffajee

Open letter to Ferial Haffajee, editor of City Press

Dear Ferial Haffajee,

I'm writing this letter in reaction to your article ‘Woolworths boycott brigade' of 6 September 2012 (see here).

In your article you refer to your own and to coloured South Africans' struggle to find your place at Wits. You write that the only reason your generation could ‘clamber out of one class, out of a distorted destiny' was affirmative action. You write that you are ‘deeply grateful for my place at the table ... Without affirmative action, I would likely be a retrenched clothing factory worker or a low-level banking clerk.'

You use the saga at Woolworths as the setting and stand up for Woolworths's affirmative action process.

However, you would not be able to apply for the post that Woolworths advertised in the Western Cape since you are not an ‘African Black'. Only ‘African Blacks' can apply for the post in the Planning and Marketing Division.

This Woolworths advertisement excludes people like you, not based on your disadvantage in the past, but your race. A sum is made based on the national racial demographics and if your race group is overrepresented, you are excluded.

There is no difference between Woolworths's approach to affirmative action and that of the Department of Correctional Services (DCS) or Jimmy Manyi's controversial views.

Everything is based on absolute representation of the country's racial demographics. You cannot make South Africa equal by counting everyone by their race.

In an open letter to Manyi, Trevor Manuel stated that his views constitute ‘racism in die mould of HF Verwoerd'. This is because the full consequence of this argument is that people have to migrate to be appointed or promoted, in other words, it is a social engineering programme. This is also what the DCS testified in Solidarity's case against them.

This mathematical approach does not take your plea of disadvantages in the past and hope for the future into account; it only considers your race. It is no longer affirmative action, but a racial count.

This is why the Employment Equity Act prohibits practices of absolute exclusion. It leads to absurd results. Article 14 of the Act prohibits quotas and the explanatory memorandum to the Act states that there should not be any absolute ceilings for appointments or promotions for any individual.

In the case of PSA vs the Minister of Justice, the court found that provision should also be made for the legitimate expectations of the designated group.

In the Barnard case it was found that absolute exclusion affects the dignity and equality of those who are disadvantaged. In the case against the DCS on behalf of February and four other coloured employees, the court also found that the Act does not allow quotas. The case deals with the exclusion of coloured employees in the Western Cape based on the national demography.

Woolworths's absolute exclusion regarding applications for post is therefore, without doubt, not sanctioned by the Employment Equity Act.

To defend something that is not legally allowed with the argument that the ends justify the means is very dangerous. It undermines the rule of law. Everything done under the banner of affirmative action is not right, fair or morally justifiable.

One cannot be a selective democrat and fight for freedom of speech on the one hand, but turn a blind eye when an institution threatens the rule of law. If you believe in the supremacy of the Constitution, you believe in the full authority of the Constitution. If this authority defends the right to dignity and equality for non-designated groups, you should also protect these rights.

We cannot allow practice to determine the law. We are a constitutional state in which transformation must happen, not a transformational state in which the constitution must function. As an activist who defends our liberal, democratic constitution, you should join us in the fight against Woolworths. It is not a fight against affirmative action, but for the rule of law so people like you can also apply for any post at Woolworths and that disadvantaged people's right to dignity and equality are protected.

Regards,

Dirk Hermann

Deputy General Secretary: Solidarity

Issued by Solidarity, September 7 2012

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The only reason a generation of us were able to clamber out of one class, out of a distorted destiny, was because of employment equity. From university into the world of work, we have required help to get a place at the table not because we are stupid but because of the structural blocking of opportunity. I am deeply grateful for my place at the table, for the opportunities it enshrined has enabled me to live my dreams. Without affirmative action, I would likely be a retrenched clothing factory worker or a low-level banking clerk. That was the expected, the planned outcome for people like me. The system was called apartheid. We needed help to escape our destiny and millions of South Africans still need that help."

Ferial Haffajee, News24.com, September 6 2012

 

Related links

Articles:

Solidarity challenges Woolworths to test its race policy in court »

Solidarity launches campaign against Woolworths »

Woolworths must withdraw 'blacks only' job ad - Solidarity »

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responses to this article

bravo Absolutely brilliant by voter on September 07 2012, 16:22 Find this comment inappropriate? Report it

Auntie Ferial is exempt from fact checking She is in the media. Call her if you have a picture of a large P****, she likes to publish such things. by . on September 07 2012, 17:01 Find this comment inappropriate? Report it

Employment Equity and the Constitution It is ironic that Solidarity are bringing up the Constitution because according to Constitutional Law expert, Prof Pierre de Vos, Woolworths' Employment Equity policy is legal and in line with the Constitution. Woolworths is not excluding 'whites' or any . .more other race group from applying for employment, nor are they preventing the promotion of 'whites'. www.constitutionallyspeaking.co.za "Woolies and the righteous anger of the unfairly privileged" Professor Pierre de Vos If Solidarity does not agree with the 'morality' of Employment Equity then they must fight the issue in the Constitutional Court without using Woolworths as a scapegoat. I must ask them if they think it is 'moral' to sabotage one particular company when every other company with the appropriate number of employees is bound by the law and complying with the same laws. The difference is that Woolworths is upfront, whereas most other companies do it without being honest or open about it. . .less by Solidarity must be fair on September 07 2012, 17:27 Find this comment inappropriate? Report it

AA/BEE are based on false history Mainly the ANC tells half the truth and leaves the other half out - like many political parties. Actually South Africa, by having the most white settlers, have the most advantaged blacks and browns in Africa, unlike the Congo who had NO white settlers and . .more therefore no development at all. AND the Homelands half of the story is also always left out. . .less by Lyndall Beddy on September 07 2012, 18:06 Find this comment inappropriate? Report it

AA/BEE failed everywhere else - so why would it succeed in SA? BEE FAILED AND LED TO CORRUPTION AND FRONTING everywhere else it was tried! by Lyndall Beddy on September 07 2012, 18:07 Find this comment inappropriate? Report it

S Sudan and N Uganda had NO white settlers They only had British Administrators who were Civil Servants and went home at Independence. With no white settlers came no development - which is why they are so poor. by Lyndall Beddy on September 07 2012, 18:27 Find this comment inappropriate? Report it

Increased poverty in SA is from trying to share with ALL Africa's unemployed The Lonmin strikers are half of them not "workers" but "unemployed"; and 2/3rd of the "workers" come from outside SA's borders. by Lyndall Beddy on September 07 2012, 18:29 Find this comment inappropriate? Report it

@Lyndall Beddy If the Congo had no white setters what was the Congo Free State and the Belgians all about? If AA/BEE failed everywhere how come the Bumiputra policy of Malaysia was successful in its intent? How come the Affirmative Action programs in the US . .more have not been repealed if they have failed? How come corruption and fronting are also present in countries without AA/BEE? Surely AA/BEE is therefore not a necessary condition for corruption and fronting to take place? How did you reason that by having the most white settlers, SA had the most advantaged blacks and browns in Africa? Its it just by being white? or just being a settler that makes this adavantage? Only the UK had many settlers and many white (Romans, Vikings, etc) and it was not exactly an adavantage to the natives.... . .less by . on September 07 2012, 18:35 Find this comment inappropriate? Report it

@ Solidarity must be fair You are wrong. Read the letter again. In any case......."Section 7.3.7 states that groups may not be excluded from job adverts. Section 3 indicates this "code of good practice" should be read in conjunction with employment equity act." by voter on September 07 2012, 21:35 Find this comment inappropriate? Report it

@ voter This is how Prof. Pierre de Vos explained it: Section 15 (3) of the Employment Equity (EE) Act states that in order to ensure equitable representation of suitably qualified people in all occupational categories, an employer may give preferential . .more treatment to black applicants and may also set numerical goals that it wishes to achieve. What it cannot do is to impose absolute quotas by refusing to appoint any whites to those positions - even in the absence of suitably qualified black applicants. In terms of the Woolies EE plan, black South Africans are vastly under-represented in certain categories of jobs and to address this, black applicants are being targeted to fill these posts to try and achieve the company's EE targets as set out in its EE plan. Woolies has NOT placed an absolute ban on the appointment of white staff. Neither has it placed a total ban on the consideration of job applications from white applicants. All it has done is target vacant posts in occupational categories where black employees are under-represented and prioritised black applicants for appointment to these posts. This is neither illegal nor unconstitutional. In fact Section 15 (1) of the EE Act places a legal duty on any company with more than 50 employees to implement EE measures "to ensure that suitably qualified people from ... cont 2. (below) . .less by Solidarity must be fair on September 07 2012, 22:32 Find this comment inappropriate? Report it

@ voter (cont.) ..."designated groups" have "equal employment opportunities and are equitably represented in all occupational categories and levels in the workforce". According to a labour law expert (sorry I can't remember her name), Woolworths erred only in . .more that they omitted to preface their advertisement with the words: "In accordance with our Employment Equity Plan preference will be given to black South Africans". She also said that Woolworths could re-advertise the position and open it to applications from all other race groups should they fail to appoint a suitably qualified black applicant. That was also confirmed by Prof. Pierre de Vos. www.constitutionallyspeaking.co.za . .less by Solidarity must be fair on September 07 2012, 22:38 Find this comment inappropriate? Report it

"This is Not Us" cries Tutut Of course "This Is Not Us" - the majority of Lonmin miners and the unemployed in the squatter camp around Lonmin are NOT SOUTH AFRICAN The ANC is not disadvantaging White South Africans to favour Black South Africans but disadvantaging BOTH BLACK . .more AND WHITE to favour an "open borders PAN AFRICAN MYTH" Which is EXACTLY how Nkrumah bankrupted Ghana! . .less by Lyndall Beddy on September 08 2012, 04:30 Find this comment inappropriate? Report it

The REAL ANC promised CLOSED BORDERS The REAL ORIGINAL ANC campaigned the most for CLOSED BORDERS to stop the mines importing cheap foreign labour. by Lyndall Beddy on September 08 2012, 04:38 Find this comment inappropriate? Report it

I disagree I have read de vos and I disagree with his views on this by voter on September 08 2012, 07:43 Find this comment inappropriate? Report it

No stats needed One does not need research to know that pitbulls are more aggressive than labradors, we all know that because , well, just because it is an observable fact. "Black African" AA has broken all state departments and SOEs. Health, education, . .more police and the army. All "black african" AA initiatives have led to failure, from municipalities to sporting bodies. Every one. There is no research to back up this statement, none is needed, again it is just an observable fact. The "why?" is the real question, along with, "will it ever change?". If the cause is bantu education, poor self image or culture there is hope that , in time, these factors can be addressed and overcome. We all hope so, because "black african" AA is here for ever. If the cause is more deep-rooted and irreparable we are in for a rough future. . .less by Moor on September 08 2012, 08:08 Find this comment inappropriate? Report it

"The People" have said "FOREIGNERS OUT" They have said it OVER and OVER and OVER again - but the ANC Elite is still too busy boasting about their leadership of the Mythical Pan Africa to LISTEN TO THE PEOPLE! Of course they have sympathy with the unemployed BUT THEY ARE UNEMPLOYED . .more THEMSELVES! . .less by Lyndall Beddy on September 08 2012, 09:44 Find this comment inappropriate? Report it

Lucy Lindley's Daugher wrote "Missionaries from Africa will have to go to America" Becuase of her disgust at what she saw of American slavery compared to the mission in Zululand the Daughter of Daniel and Lucy Lindley wrote to her parents from America: "One Day Africa will have to send Missionaries to America" There . .more was NEVER any Black Slavery in South Africa! . .less by Lyndall Beddy on September 08 2012, 11:20 Find this comment inappropriate? Report it

How Much Crime is by FOREIGNERS? Most of it is by "out of towners" according to what our local Blacks tell me.Birds don't foul their own nests, or dogs c**p on their own lawns. Our own Houdini had not committed a single crime in his own country of Mozambique. But the Media are . .more no longer allowed to report that - the Arab American Pan Africanist myth must be protected at all costs! . .less by Lyndall Beddy on September 08 2012, 17:25 Find this comment inappropriate? Report it

@ boycott Woolworths bandwagon I was in my local Woolies this morning and it was business as usual! So it seems that rational people are not taking this boycott seriously.. now where are those almond croissants I bought?..yum! by I love Woolies on September 08 2012, 17:48 Find this comment inappropriate? Report it

@Lyndall Beddy Your statement "There was NEVER any Black Slavery in South Africa!" is factually incorrect. I highlighted this to you before but you continue propagating this myth. Here is the . .more reference: http://www.sahistory.org.za/south-africa-1652-1806/history-slavery-and-early-colonisation-sa?page=2 . .less by . on September 08 2012, 18:56 Find this comment inappropriate? Report it

The Whole of the Cape is "out of town"to the bussed in Xhosa. Their Home is still in the Ciskei or Transkei. We never had muti killings in the Cape before! by Lyndall Beddy on September 08 2012, 20:11 Find this comment inappropriate? Report it

We had few Muti Killings in the WHOLE COUNTRY before Open Borders! Persuasion of the effectiveness of Western Medicine and education, even Bantu Education, had eradicated this practice! by Lyndall Beddy on September 08 2012, 20:30 Find this comment inappropriate? Report it

@ . Ignore Lyndall Beddy. She infects other sites as well. by double . on September 08 2012, 22:35 Find this comment inappropriate? Report it

Brown Culture did not believe in body parts medicine (Muti) So OBVIOUSLY the Cape did not have muti killings before the unemployey Xhosa were bussed in from the Black Homelands in 1993! by Lyndall Beddy on September 09 2012, 09:26 Find this comment inappropriate? Report it

@ boycott Woolworths bandwagon I can asure you that I shall not spend one sent at any Woolworths store or any of its affilliated companies again any longer. It is just a matter of time before this campaign will gather momentum and Woolworths will realise the consequences of their . .more actions. . .less by Gatvol on September 10 2012, 07:02 Find this comment inappropriate? Report it

@ Gatvol Then you will have to grow your own food because ALL of the major food retailers and their suppliers practise the same Employment Equity policies as Woolies. by anon on September 10 2012, 07:24 Find this comment inappropriate? Report it

Thank you... Thank you, Dirk Hermann, for providing such a clear and appropriate statement. I hated the policies of the National Party for apartheid. I hate the policies of the ANC for the same reason... by Dinks on September 10 2012, 08:10 Find this comment inappropriate? Report it

@ Gatvol Personally I don't care to align myself with the likes of people like Steve Hofmeyer who profess to be fighting Affirmative Action for the cause of "non-racism" and yet are deeply racist themselves. That is hypocritical. Rather than engage in selective . .more punishment I would rather be constructive and fight to bring about the conditions that would make the implementation of Affirmative Action laws unnecessary. I also don't believe in punishing the staff of Woolworths who did not create the Affirmative Action laws and are not responsible for the decision to implement those laws. . .less by I love Woolies on September 10 2012, 08:28 Find this comment inappropriate? Report it

@ Solidarity must be fair This may surprise you, but it is possible for Pierre de Vos to be wrong. Calling yourself a "constitutional expert" doesn't mean that suddenly you can't be wrong. by John on September 10 2012, 12:12 Find this comment inappropriate? Report it

AA / EE and BEE policies in South Africa = Ethnic Cleansing Affirmative Action and Black Economic Empowerment in it's present form could arguably be described as a form of Ethnic Cleansing. Especially in the Western Cape, it is absurd to favour African blacks (Ito of National Demographics) who have mostly arrived . .more and settled in large numbers from the previously self-governing Transkei region since 1990 (after apartheid ended) to the detriment of coloureds and whites who previously constituted 90% of the population in the Western Cape province. . .less by observarion on September 10 2012, 13:20 Find this comment inappropriate? Report it

Cape Town Demographics 1944 (before apartheid) "In 1944, 47% of the city's population was White, 46% was Coloured, less than 6% was Black African and 1% was Asian." from Wikipedia by observation on September 10 2012, 13:50 Find this comment inappropriate? Report it

The bussing in of Xhosa to the Cape does not concern Bishop Tutu does it? @ Observation His sole, very public, concern is for the bussing in of Chinese into Tibet! by Lyndall Beddy on September 10 2012, 13:57 Find this comment inappropriate? Report it

Pierre de Vos ... is a well known ANC apologist. Do not take anything he says seriously. by James Bell on September 10 2012, 16:30 Find this comment inappropriate? Report it

now can we ditch the excessive packaging> Now that this thorny question has been cleared up can you please address your eco responsibilities and clean up your excessive use of plastic? How can a socially responsible company still be so behind the curve in the vital issue of cleaning up . .more ecologically? . .less by Pedro on September 10 2012, 21:27 Find this comment inappropriate? Report it

@. / @Lyndall Beddy See http://www.stamouers.com/ for a good perspective on Cape slaves. Many have been absorbed into Afrikanerdom and were our first mothers. by Elle on September 10 2012, 21:48 Find this comment inappropriate? Report it

@ Elle The Cape Slaves were Imported from Malaysia and were not local South Afrucan Browns or Black. Many bought their freedom - because there were strict laws that they were allowed freedom of worship, and free time to earn money for their own account, which . .more they did because most of them were skilled craftsmen. The best research on the Cape Malay has been done by Margaret Cairns. . .less by Lyndall Beddy on September 11 2012, 04:04 Find this comment inappropriate? Report it

What merit means versus Equity White south africans are always crying foul over affirmative action and labelling it as racist and their argument is that jobs should be obtained on " merit." This is reallyfunny because their understanding of merit, though it is never written in so many . .more words , is blatantly implied - you would really have to be extremely stupid not to read the implication - that the only "meritants" are the skilled and educated in other words a white person - but this is not racism!!! Ferial Affajee summed it up perfectly "The only reason a generation of us were able to clamber out of one class, out of a distorted destiny, was because of employment equity. From university into the world of work, we have required help to get a place at the table not because we are stupid but because of the structural blocking of opportunity". and Iwould add not because they are not meritant!!! . .less by Oliver on September 11 2012, 15:16 Find this comment inappropriate? Report it

de Vos Please remember that de Vos is an anc lackey. by Zincstop. on September 12 2012, 15:26 Find this comment inappropriate? Report it

Wooly Woolies What a tangled web we weave. Where is the light? Let us start with the Zulus who are so obviously over-represented in Kwazulu-Natal. Millions must move to populate the areas where they are not represented, otherwise we will become tribalists!!! The same . .more must apply to the Xhosa and several other tribal groups - they are much too concentrated and not sufficiently dispersed. Woolies only want to get rid of its senior staff to put cheaper young people in their place. That is what their concern is all about - to save money and to look good. . .less by Mafirofiro on September 13 2012, 16:22 Find this comment inappropriate? Report it

Read: Woolies and the righteous anger of the unfairly privileged Think we all need to look at all the possible angles before coming to conclusions. See http://constitutionallyspeaking.co.za/woollies-and-the-righteous-anger-of-the-unfairly-privileged/ by Wayne on September 19 2012, 13:34 Find this comment inappropriate? Report it

Why SA is so fixated on race I think that people who fought for the rights of black people, did not want them to have extra rights in the new south adrica but equal rights. If we are looking to blame apartheid and keep racist laws, are we actually gaining anything in South Africa. We . .more all have the power to make South Africa what we want it to be. Do we want a racist landscape for years to come, where the best and brightest leave for Australia. There are now two South Africans in the top ten richest australians. Like it or not, South Africa's future will be pretty bleak if there attitude to white people continues. . .less by Richard Cahey on September 26 2012, 13:34 Find this comment inappropriate? Report it

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