Accountability Now’s Paul Hoffman has written previously on the Biznews platform. Some of his work includes ‘What the #StateCaptureReport doesn’t say. Shift gears a la Al Capone style.’ and ‘Letter to Zuma – Carry out your Constitutional obligations Properly and Rationally’. And while Hoffman has a dream for equality and dignity, both in the much vaunted Bill of Rights, he’s expressed it in poetry. As part of the ‘I have a dream series’ Hoffman has supplied ‘an ode to human dignity and equality in the not so new SA’. – Stuart Lowman
By Paul Hoffman*
Way back in 1994,
Our suffering people cried: “no more, no more!”
“We, the people” then changed our basic law,
Unfair discrimination was knocked to the floor.
Instead, we made a solemn and serious pact
In which we our better selves have backed.
A great non-racial and non-sexist dispensation
Is what we fashioned for our diverse, united nation.
We crafted a stunning National Accord,
Which got the whole world to applaud.
Way back in 1994
After long and hard-fought negotiations,
We set out to create completely new relations
Devoted to our human dignity
And the achievement of equality.
We would all enjoy the freedom way
And advance our human rights each day.
Those disadvantaged by unfair discrimination
Were given a separate, somewhat special dispensation.
Measures to “protect and advance” their kind
“To promote the achievement of equality” you’ll find
They are in our justiciable Bill of Rights, you know
It was quite clearly the morally pure way for us to go
Way back in 1994.
“The state may not unfairly discriminate”
Surely refers to the wicked ways of apartheid.
And then the list of prohibited grounds
In a multitude of details abounds:
“Race, gender, sex, pregnancy, marital status” are in
And “ethnic or social origin, colour,” add to the din;
With “age, disability, religion, conscience, belief” in tow
As well as “culture, language and birth” you know.
“Sexual orientation” gets a special mention,
[In Africa, that is quite the exception.]
It’s all there in section nine
And it has been, all the time.
Discrimination on one or more of these grounds is unfair,
“Unless it is established that the discrimination is fair”
“Fair discrimination” is to protect the disadvantaged;
They should no longer, as in the past, be upstaged
Measures designed to promote achieving equality
Are our Constitution’s way of righting our past legacy.
Our hard won Bill of Rights proclaims in a way that leaves no wriggle-room:
“Equality includes the full and equal enjoyment of all rights and freedoms”
It’s all there in section nine
And it has been, all the time.
The struggle was fought for values like these
Our victory did not come with the greatest of ease.
As unfair discrimination is no longer allowed
The disadvantaged ought not to be a huge crowd.
The measures that work to achieve equality of rights sustainably
Include education, mentoring, skills development and training, you see.
The measures that do not work are cadre deployment,
BEE of all kinds and tenderpreneur employment.
Equality is not served when those least disadvantaged
Become the beneficiaries of the AA measures in place,
While those most disadvantaged still lag behind
For lack of effective measures of any kind.
Full implementation of the Bill of Rights
Should bring an end to our sleepless nights.
A state is needed that respects and protects each right
While promoting and fulfilling them with all its might
It’s all there in section 7 sub-section 2
Made our supreme law for all of you.
The better life for all that we desire
Is not a matter of earth, wind and fire.
To make good changes take their place
There is a home truth we have to face:
The way to make a proper start
Is to take our Constitution to heart.
If we just embrace its values each day
We will surely find that better way.
It’s all there in our supreme law,
We simply could not ask for more;
Not since way back in 1994.
- Paul Hoffman is Director and Head of Projects at Accountability Now.
