MEDIA STATEMENT – CHINESE ASSOCIATION of SOUTH AFRICA
George van Niekerk, a director at law firm Edward Nathan Sonnenbergs, has issued the following media statement:
“We have been consulted by and asked to issue the following statement on behalf of our client the Chinese Association of South Africa:
We, the Chinese Association of South Africa - who were the applicants and who were granted an order by the High Court in Pretoria last week - are surprised by the utterances of the Minister of Labour.
The Minister of Labour was the first respondent in the application.
No doubt on good legal advice, he chose not to oppose the granting of the order, even though an extended time period was afforded to him by our attorneys, enabling him to do so.
The Minister in fact consented to the order being made.
His recent comments are in conflict with the provisions of the Constitution and the Act of Parliament he is charged to administer.
His unfounded generalisations about the South African Chinese community are factually inaccurate.
The misconduct of any individual cannot rationally be attributed to a community as a whole.
The Constitution and the legislation were enacted to redress the inequalities of the past for the benefit of the previously disadvantaged.
Had the Minister read the court papers, which detail the extent to which the members of the South African Chinese community suffered for a period of over 100 years, as disclosed in the court records, he would not have made the incorrect and irrational statements attributed to him.
We, in the South African Chinese community, ask the people of South Africa as a whole to respect our dignity and the judicial process to which we were compelled and entitled to appeal for clarity regarding our status.”
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Mdladlana: 'I'm not a racist'
Jun 25 2008 4:18PM
Michael Hamlyn
Cape Town - Labour minister Membathisi Mdladlana staunchly defended himself in Parliament against charges that he made racist remarks when commenting on the court judgement that recognised Chinese South Africans as black in terms of the equity acts.
"I am not a racist, I have never been a racist and I never will be a racist," he said.
Mdladlana told a press conference on Tuesday that now that they have been reclassified, Chinese employers had no excuse to mistreat their workers or pretend to labour inspectors that they could not speak a South African language.
"They can speak Chinese of course in their homes," he said. "I have absolutely no difficulty with that. But when we visit them, they must also remember that they are now coloureds. What I know is that coloureds con't speak Chinese."
Anchen Dreyer, who speaks on labour matters for the Democratic Alliance, said his comment implied that one could assume that you can only trust people of your own race group. "Also implied in the minister's comments is the idea that Chinese South Africans do not deserve to be given recognition under the Employment Equity Act," she said.
Making a member's statement in the National Assembly on Wednesday, Dreyer said: "One would hope that as South Africans we have put race classification behind us; that act was already scrapped well before the transition in 1994. But now, it seems race classification is back with a cengeance; however, this time without a legal basis."
She said the minister was obsessed with dividing people into various race boxes, but she added: "The minister would serve South Africa's people better if he welcomed the fact that many Chinese people who came to this country brought with them skills, entrepreneurship and a work ethic, and have created thousands of job opportunities."
Replying to Dreyer's statement, the minister insisted: "The ANC has never been a racist organisation. The ANC is very proud of its struggles and battles against racism, and is confident of its future as a country free of racism: non-racist, non-sexist and democratic."
He said that there had been much distortion of facts and legal issues surrounding the application made by the Chinese Association of South Africa against his ministry, and he urged everyone to read the judgement.
Finally he said: "If you are racist, don't dump it on me. I've never been a racist and I will never be a racist. It came by three boats Dromedaris and Reger and others. I've never been a racist; that's why I joined the ANC."
Chinese Association reacts
The Chinese Association of SA (CASA) has labelled the minister's initial comments as "unfonded generalisations" which are "factually inaccurate".
In a statement released by law firm Edward Nathan Sonnenbergs on behalf of CASA, it noted that Mdladlana was the first respondent in the application it made to the high court and that, "no doubt on good legal advice, he chose not to oppose the granting of the order, even though an extended time period was afforded to him by our attorneys, enabling him to do so".
"His recent comments are in conflict with the provisions of the constitution and the act of parliament he is charged to administer.
"The misconduct of any individual cannot rationally be attributed to a community as a whole.
"The constitution and the legislation were enacted to redress the inequalities of the past for the benefit of the previously disadvantaged.
"Had the minister read the court papers, which detail the extent to which the members of the South African Chinese community suffered for a period of over 100 years, as disclosed in the court records, he would not have made the incorrect and irrational statements attributed to him," the statement read.
"We, in the South African Chinese community, ask the people of South Africa as a whole to respect our dignity and the judicial process to which we were compelled and entitled to appeal for clarity regarding our status."
I-Net Bridge & Fin24.com
