Are courts going out of their way to accommodate RACISTS? A critique of South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others

2020 ◽  
Vol 24 ◽  
Author(s):  
Thulani Nkosi ◽  
Neo Mahlako
Keyword(s):  
Critical Race Theory ◽  
South African ◽  
Social Transformation ◽  
Black People ◽  
Constitutional Court ◽  
Racial Justice ◽  
Racial Oppression ◽  
Race Theory ◽  
Legal Principles ◽  
The Law

ABSTRACT The article critically examines the way in which the Constitutional Court dealt with the issue of racism in South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and others 2017 (1) SA 549 (CC). Invoking general legal principles blended with critical race theory, we show that the apex court erred in finding that an employee who had racially abused his superior by referring to him as a kaffir needed to be compensated for a dismissal that arose from such racial abuse. We show that even with a finding that the dismissal was procedurally unfair, existing legal principles, racial justice and social transformation imperatives negated the court making a finding that compensation was due to the employee. The racism involved was so vile and brazen that a compensation award was not only inappropriate in the circumstances but had the consequence of sending a wrong message to the general public, black people in particular, that the law and the courts are still tolerant of racists and racism. Ordinary black people are likely to read the judgment as the law rewarding racists for being racist. The article calls upon the courts to take racism and the racial oppression of black people seriously by acting firmly against those found guilty of racial abuse. Keywords: Racism; colour-blindness; workplace racial oppression; racial justice; judicial choice; social transformation; exceptions to procedural fairness.

scholarly journals POSITIONING RACE AT THE CENTRE OF LEGAL DISCOURSE IN POST-APARTHEID SOUTH AFRICA: DISSECTING CLIFF V ELECTRONIC MEDIA (PTY) LTD AND THE LAND REFORM CRISIS

2016 ◽  
Author(s):  
Nonhlelo Nhleko
Keyword(s):  
South Africa ◽  
Critical Race Theory ◽  
South African ◽  
Land Reform ◽  
White Supremacy ◽  
Legal Discourse ◽  
Electronic Media ◽  
Critical Race ◽  
Race Theory ◽  
The Law

In this paper, I critique the manner in which law rationalises Black subordination and white supremacy through its assumption of racial neutrality and ontological equality.4 I seek to postulate the need for a culture of critique within South African jurisprudence and further challenge hegemonic liberal notions of ‘justice’ and the existing ‘reconciliation’ discourse. The calls for a ‘race conscious’ and general jurisprudence shall be advanced through the epistemological paradigm of Critical Race Theory which offers a politicised account of the law through the acknowledgment of the centrality of race in law and through debunking claims of law’s neutrality and objectivity.5

“I’m Not going to the f***ing White House”: Twitter Users React to Donald Trump and Megan Rapinoe

2020 ◽  
pp. 216747952095077
Author(s):  
Evan L. Frederick ◽  
Ann Pegoraro ◽  
Samuel Schmidt
Keyword(s):  
United States ◽  
Critical Race Theory ◽  
Black People ◽  
The United States ◽  
Critical Race ◽  
Race Theory ◽  
Donald Trump ◽  
White House ◽  
Twitter Users ◽  
Inductive Analysis

When asked if she would go to the White House if invited, Megan Rapinoe stated, “I’m not going to the fucking White House.” The next morning, President Donald Trump posted a series of tweets in which he criticized Rapinoe’s statements. In his tweets, Trump introduced issues around race in the United States and brought forth his own notion of nationalism. The purpose of this study was to conduct an analysis of users’ tweets to determine how individuals employed Twitter to craft a narrative and discuss the ongoing Rapinoe and Trump feud within and outside the bounds of Critical Race Theory (CRT) and nationalism. An inductive analysis of 16,137 users’ tweets revealed three primary themes: a) Refuse, Refute, & Redirect Racist Rhetoric b) Stand Up vs. Know your Rights, and c) #ShutUpAndBeALeader. Based on the findings of this study, it appears that the dialogue regarding racism in the United States is quickly evolving. Instead of reciting the same refrain (i.e., racism no longer exists and systematic racism is constructed by Black people) seen in previous works, individuals in the current dataset refuted those talking points and clearly labeled the President as a racist. Additionally, though discussions of nationalism were evident in this dataset, the Stand Up vs. Know Your Rights theme was on the periphery in comparison to discussions of race. Perhaps, this indicates that some have grown tired of Trump utilizing nationalism as a means to stoke racism.

scholarly journals What’s Your Street Race? The Urgency of Critical Race Theory and Intersectionality as Lenses for Revising the U.S. Office of Management and Budget Guidelines, Census and Administrative Data in Latinx Communities and Beyond

Genealogy ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 75
Author(s):  
Nancy López ◽  
Howard Hogan
Keyword(s):  
Critical Race Theory ◽  
Administrative Data ◽  
Skin Color ◽  
Racial Justice ◽  
Critical Race ◽  
Race Theory ◽  
Disciplinary Boundaries ◽  
The Difference ◽  
Structural Inequities ◽  
The U.S

What’s your street race? If you were walking down the street what race do you think strangers would automatically assume you are based on what you look like? What is the universe of data and conceptual gaps that complicate or prevent rigorous data collection and analysis for advancing racial justice? Using Latinx communities in the U.S. as an example, we argue that scholars, researchers, practitioners and communities across traditional academic, sectoral and disciplinary boundaries can advance liberation by engaging the ontologies, epistemologies and conceptual guideposts of critical race theory and intersectionality in knowledge production for equity-use. This means not flattening the difference between race (master social status and relational positionality in a racially stratified society based on the social meanings ascribed to a conglomeration of one’s physical characteristics, including skin color, facial features and hair texture) and origin (ethnicity, cultural background, nationality or ancestry). We discuss the urgency of revising the U.S. Office of Management and Budget (OMB) standards, as well as the Census and other administrative data to include separate questions on self-identified race (mark all that apply) and street race (mark only one). We imagine street race as a rigorous “gold standard” for identifying and rectifying racialized structural inequities.

scholarly journals Studying and Challenging Racism in Higher Education: Naming Bad Faith to Understand the “Logic” of Racism

2021 ◽  
Vol 11 (10) ◽  
pp. 602
Author(s):  
Antar A. Tichavakunda
Keyword(s):  
Higher Education ◽  
Critical Race Theory ◽  
Black People ◽  
Hate Crimes ◽  
Critical Race ◽  
Bad Faith ◽  
Race Theory ◽  
High Profile ◽  
Disconfirming Evidence

In this conceptual essay, the author argues that bad faith is a valuable concept in understanding and challenging racism in higher education. The philosopher Lewis Gordon argues that racism is a manifestation of bad faith. For the actor who sees Black people as less than human, for example, no evidence will allow the actor to see otherwise. Bad faith is the disavowal of any disconfirming evidence which allows actors to maintain their worldviews. The author draws from high profile examples of racism in higher education as conceptual cases to make his argument. Specifically, the author demonstrates how attacks upon Critical Race Theory in education, the currency of critiques of microaggressions research, and the perennial difficulty to name racist violence on campus as hate crimes operate upon a logic of racism through bad faith.

Disaster racism: using Black sociology, critical race theory and history to understand racial disparity to disaster in the United States

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kyle Breen
Keyword(s):  
Critical Race Theory ◽  
Black People ◽  
The United States ◽  
Critical Race ◽  
Critical Approach ◽  
Race Theory ◽  
Systemic Racism ◽  
Content Type ◽  
Sociology Of Disaster ◽  
Black Sociology

PurposeThe purpose of this paper is to provide a call to action to use a new theoretical framework for disaster researchers that focuses on using a critical approach to understanding differential disaster impacts due to systemic racism.Design/methodology/approachUsing critical race theory (CRT) and Black Sociology, theoretical and disciplinary frameworks that center Black people and NBPOC as well as a focus in dismantling systemic racism and other oppressive systems, this article calls for a new approach – “disaster racism” – that builds on past discussions for a more nuanced theoretical approach to disaster studies.FindingsAlongside CRT and Black Sociology, this study identifies two examples of the oppressive systems that create disparate impacts to disaster including slavery and the legacy of slavery and mass incarceration.Originality/value“Disaster racism” – a critically focused approach – should be used in the future rather than social vulnerability to further dismantle oppressive systems and institutions, which not only provides strong theoretical backing to research but also creates an actively anti-racist research agenda in the discipline of sociology of disaster.

Building Racial Justice Into a Master's Program

2022 ◽  
pp. 98-124
Author(s):  
Jenifer Crawford ◽  
Ebony C. Cain ◽  
Erica Hamilton
Keyword(s):  
Teacher Education ◽  
Critical Race Theory ◽  
Academic Program ◽  
Master's Program ◽  
Racial Justice ◽  
Critical Race ◽  
Race Theory ◽  
Language Teacher Education ◽  
Curriculum Instruction ◽  
Institutional Challenges

This chapter describes a five-year equity initiative to transform a language teacher education professional master's program into one that cultivates racial justice and equity-minded practices in graduates. This chapter will review program work over the last five years on two critical efforts involved in the ongoing five-year equity-minded initiatives. The program activities include data review and planning from 2017 to 2018 and equity curricular re-design from 2018 to 2020, where faculty revised program goals, curriculum, and syllabi. Critical race theory and equity-mindedness frameworks guided this equity initiative's process, goals, and content. The authors argue that building racial justice into a professional master's program requires applying a critical race analysis to the normative assumptions about academic program redesign. Individual and institutional challenges are discussed, and recommendations for building racial justice into the curriculum, instruction, and program policies are provided.

scholarly journals Colour-blind educational leadership policy: A critical race theory analysis of school principalship standards in South Africa

2020 ◽  
pp. 174114322097367
Author(s):  
Pontso Moorosi
Keyword(s):  
South Africa ◽  
Educational Leadership ◽  
Critical Race Theory ◽  
South African ◽  
Race And Ethnicity ◽  
Critical Race ◽  
Race Theory ◽  
Policy And Practice ◽  
Leadership Policy ◽  
School Principalship

In the light of recent media reports of racism in South African schools, this paper examines the role of school principalship standards in addressing race in South African educational leadership. The paper draws on tenets of critical race theory to examine how issues of race are addressed in the Policy for School Principalship Standard in South Africa and the implications thereof for leadership preparation and leadership practice. The methodology involves the employment of content analysis underpinned by key tenets of critical race theory that challenge notions of colour-blindness, meritocracy and neutrality. The analysis reveals that there is no explicit mention or treatment of race and ethnicity as social constructs in the principalship standards. It also reveals that diversity and culture are used more, suggesting the emphasis on difference rather than inequality. The paper argues that, although driven by principles of social justice, the Policy for School Principalship Standard is colour-blind. Through this omission, the policy denies the existence of racism and fails to recognise the power and influence of school leaders (and principals, in particular) in shaping the race dynamic in schools. The paper ends with implications for the improvement of leadership policy and practice.

Indigenous rights and the persistence of industrial capitalism: Capturing the law–ideology–power triple-helix

2020 ◽  
pp. 030913252097344
Author(s):  
Leah S Horowitz
Keyword(s):  
Critical Race Theory ◽  
Research Agenda ◽  
Power Relations ◽  
Triple Helix ◽  
Indigenous Rights ◽  
Industrial Capitalism ◽  
Critical Race ◽  
Race Theory ◽  
The Law

This article examines the power relations that unfold when Indigenous-led struggles invoke settler-colonial law toward protection from industry’s impacts. Building on Critical Race Theory, I posit a ‘triple-helical’ relationship between law, power, and ideology, which coproduce one another, mediated by nudges from individual agents. I argue that the triple-helix of Indigenous rights to protection from industry’s impacts has stagnated, due to industrial capitalism’s pushback through social regularization processes as well as its capture of formal and informal regulators and of discourses and ideologies. I conclude with a research agenda for applying the triple-helix framework to Indigenous-led engagements with industry.

Teaching While Black and Male and Preparing Students for Urban Social Work Practice Matters

2018 ◽  
Vol 2 (1) ◽  
pp. 5-16
Author(s):  
Samuel R. Aymer
Keyword(s):  
Social Work ◽  
Critical Race Theory ◽  
Work Practice ◽  
The United States ◽  
Social Work Practice ◽  
Social Identities ◽  
Racial Oppression ◽  
Race And Racism ◽  
Race Theory ◽  
Racial Injustice

This article unpacks the pedagogical reflections of a Black male professor, bringing attention to issues associated with teaching while Black and preparing students for urban social work practice. The article asserts that contemporary forms of injustice cannot be understood without grasping critical historical analyses of race and racism in the United States. Ideas related to critical race theory, racial oppression, and social identities are explored. Finally, the article explicates the importance for students to become comfortable talking about racism and racial injustice in the context of working with clients.

Equality and Non-Discrimination in the South African Constitution

2000 ◽  
Vol 4 (1) ◽  
pp. 47-71
Author(s):  
Joan Small ◽  
Evadne Grant
Keyword(s):  
South Africa ◽  
South African ◽  
Human Dignity ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
The South ◽  
Legal Effect ◽  
The Law ◽  
South African Constitution

Equality occupies the first place in most written constitutions, but in South Africa, its importance is magnified both in terms of the text of the Constitution and in terms of the context in which that Constitution operates. The Bill of Rights is expected, in South Africa, to help bring about the transformation of the society. These expectations of transformation through the operation of the Bill of Rights are informing the development of the law in relation to equality and non-discrimination by the Constitutional Court. The concept of discrimination is uniquely defined in the South African Bill of Rights. The Courts are struggling to give legal effect to the terminology. The test developed by the Court to interpret the equality clause, it is submitted, is comprehensive and informed. But the application of the test is sometimes problematic. This paper addresses the evolving concepts of equality and discrimination in South Africa and discusses some of the difficulties with certain aspects of the test for discrimination, including the concepts of unfairness and human dignity, which have caused division among the judiciary.

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