PARC’s COURT CASE LITIGATION STRATEGY
 
Here are our proposed strategies and options on how we wish to tackle our matter to the High court and the Constitutional court of South Africa. Please note that these strategies might change as time, new government policies, new court case rulings are released and the political arena changes.
 
 
OPTION A
We will seek a High court order, to ask government to urgently provide an end date for the affirmative action program on the fact that it is based on the race criteria. 

Background:
Affirmative Action cannot be part of the South African economical policy forever. “Redress” based on poverty indicators doesn’t have to stop, but “redress” based on a race criteria must stop at a certain time period. 
 
Questions that needs to be asked: 
 1. What are being redressed?
 2. Have affirmative action reach its goals and how effective was the program?
 3. To what extend where people of the designated groups disadvantaged in the
     past?
 4. How is this disadvantagement measured and is it only measured in economical
     terms?
 5. Must a new generation of “white” people be punished for the transgressions of
     their forefathers or because they where beneficiaries of the Apartheid system?  
 6. When is enough, enough?
 
 
 
OPTION B
That the court order government, private entities, the media and any South African citizen to stop referring to a certain section of society as ‘Coloured people, Bruinmense, Kleurlinge or “so-called people of colour”. It is degrading and de-meaning to refer to people as such. The race blocks for Coloureds and all the other race blocks must be removed from all forms requiring your racial lineage. 
 
Background
(1) Coloureds and Indians were also subjected to the system of Apartheid and
      should receive equal BEE treatment like with Black people. The Chinese people
      where “declared black” by a June 2008 High court ruling. They are historically
      more foreign, to our country, but they are allowed to benefit totally from the BEE
      program. According to the constitution, Coloureds and Indians also represent
      “Black” people.
 
(2) The government and the media choose to refer to “Coloured people” as “Black
      people” when they have achieved huge successes in life and when it comes to
      voting times for political gains. An example was when Peter de Villiers was
      appointed as the first non-white coach of the Springboks in January 2008, he was
      applauded by the government as the first “black” coach to hold this position.
      Everyone can see that De Villiers is culturally a “coloured” person. The same thing
      happened in 2007 when the late Professor Russell Botman was appointed as the
      first non-white rector of the University of Stellenbosch. He was officially
      congratulated by an ANC MP in Parliament and referred to as a “black” person. But
      Botman is also a “coloured” person. On the South African History Online website,
      they refer to prof. Russel Botman as “Coloured” and on his funeral Jacob Zuma
      referred to him as a “black” person. When it comes to political agendas and
      privileges, the government and the media deliberately regards coloureds as black,
      but with job and promotion appointments, they are regarded as “coloureds”.
      Everyone else calls them names as they wish and this needs to stop.
 
(3) When Wayde Van Niekerk broke the world record in the 400m race at the Olimpic 
      Games in Rio De Janeiro in 2016, a race debate broke loose regarding his race.
      Why would certain South Africans now suddenly be “confused” regarding his racial
      lineage? This never happens to a white or black athlete that crosses the finish line
      first. The whole debate placed a negative damp on his victory. Suddenly Black
      people wanted to claim the victory for them and Wayde had to be called “Black”.
      Then certain black people got angry when another group of people called Wayde
      a Coloured and that it was a “Coloured” victory. Imagine how a young person like
      Wayde, and his very proud family had to feel during a supposed to be happy time,
      and now he have been caught between a race debacle. All the other times when
      he was a no-body he had to accept being called a “Coloured”. The “Coloureds”
      are the ONLY race who’s identity are been messed around with. This needs to
      stop!
 
(4) In the court case of Solidariteit and others vs. the Department of Correctional 
      Service, 9 of the so-called “Coloured” employees had to fight to be promoted in
      the Correctional Services department. They couldn’t be automatically promoted
      because they were not regarded as Black by the equity laws. The South African
      government and people at large exactly know when they are referring or dealing
      with a Coloured person. Why when promotion posts and other benefits are been
      handed out, or when they have accomplished great things in life, they suddenly
      become “confused” with a coloured person’s racial lineage?
 
 
(5)  I would like to bring the ELRC arbitration award of (Case No. PSES 229-
       08/09WCYvette Maas vs. WCED  of 26 Feb. 2009 under your attention.
       Awarded by adv. D. Van Tonder. 
 
      (i) There is no support for the "degrees of disadvantage"- test in the
          Employment Equity Act. (This refers to the fact that Coloured and Indian people
          should acquire the same equity scores in job application processes.)
 
      (ii) It is very difficult to determine which designated group suffered more than the 
           other. How is it for example possible to say whether Coloured women in rural 
           areas suffered more or less than African men under Apartheid?
 
    (iii)  A third problem with the application of this test, is that instead of integrating
           our society, it leads to more alienation amongst members of the various
           designated groups (Coloureds and Indians) in that a particular designated
           group may feel that despite the discrimination suffered by members of that
           group in the past, the members of that group are still being treated as second
           or third class citizens.
 
 
 
OPTION C
PARC is seeking to change the constitution of South Africa.
We want to change Chapter 2 (Equality), section 9(2) of the constitution that is referring to: “categories of persons”. We want these wording to be removed from 
the constitution.
 
 
Background
 
(1) If you say someone is black, you say he is inferior. If you say someone is white
      you say he is superior. If you say someone is Coloured, you say he is confuse. If
      you say someone is Indian, you say he doesn't belong here.
 
(2) The fact that the race classification Act, the Population Registration Act of 1950,
      was SCRAPPED, give job – recruitment officers, government or private
      organisations, no legal right to classify any South African citizen by race! What
      criteria are being used by the present government to determine the race of a
      South African citizen?
 
(3) Statistical data that compare different race groups with each other, must stop.
      We want the Constitutional court to instruct government and private
      organisations to stop the collection of data based on race that request a person
      to indicate his/her racial lineage. The race classification blocks (black, coloured,
      Indian or white) on all forms should be removed. A socio-economic barometer or
      measuring instrument should be used to focus on the redress of poverty in South
      Africa. Government should focus on every South African citizen that has a need,
      the basic needs of communities and job creation for all.

(4) That race classification should be declared illegal and regarded as racism in the 
      South African society.