OP-ED: Race-based Policy Fails Despite Best Intentions

In support on the Referendum Party's Non-racialism Bill. Why it is time to end race-based policy in South Africa.

The Referendum Party is proposing a bold amendment to our constitution—one that would finally prioritize individual circumstances over race  in policies of redress. It’s a timely change, aimed at addressing the frustration felt by millions who see these race-based policies not as tools of equality but as barriers to real progress. Let me explain the reasons.

In the nearly 30 years since South Africa’s transition to democracy, the country has remained in the grip of race-based policies purported to redress the inequalities of the apartheid era. At last count, South Africa has 141 such race laws. These laws, while well-intentioned, have failed to achieve their goals. Instead, they have further entrenched the very inequalities they aimed to eliminate, compounding the frustrations of the general population. Today, many South Africans are questioning the legitimacy and utility of these laws, and whether the time has come to rethink our approach to redress.

There is no doubt that the scars of apartheid run deep, and the historical injustices demand attention. However, while the moral imperative of redress is clear, the way it is being applied is highly problematic. Race-based policies intended to level the playing field persist despite having failed their purpose. Worse still, these policies are now being enforced in a context of deepening corruption and incompetence, leading to outcomes that often exacerbate the very problems they were meant to solve.

The central issue is that South Africa’s current redress model relies on collective identity, primarily race, as the defining factor in determining eligibility for state support, job opportunities, and access to economic empowerment programs. This approach is based on the assumption that race is the primary determinant of disadvantage, but this view oversimplifies the reality of inequality in South Africa. Economic deprivation, inadequate education, geographic isolation, and social disintegration are just as, if not more, important factors of disadvantage today. By focusing on race alone, the government is ignoring the interconnectedness of these issues, and the policies designed to redress historical wrongs are being misapplied to an increasingly diverse range of socioeconomic problems.

This collective approach has had a number of unintended consequences. For one, it has created an artificial racial divide within the country, as people are continually reminded of their racial classification, regardless of their individual circumstances. Those who might be better off, but happen to fall within a designated racial group, benefit from policies intended to help those in true need. Meanwhile, many South Africans, who may not belong to the 'right' racial group, continue to suffer from exclusion and denial of opportunities.

Even more troubling is that these policies have entrenched a form of elite capture. Well-connected individuals and businesses have disproportionately benefited from government contracts and opportunities intended to uplift disadvantaged groups. This has fueled resentment and frustration among the broader population, many of whom feel that the government’s promises of redress and equality remain unfulfilled. It is not race that is the problem, but the way these race-based policies are applied that allows the corruption and patronage networks to flourish.

The government has had ample time to address past inequalities, and yet South Africa remains a highly unequal society. Instead of dismantling the structures that perpetuate poverty and inequality, the government’s reliance on race-based policies has allowed incompetence and mismanagement to grow unchecked. Many state institutions are now captured by corrupt interests, eroding public trust and undermining the effectiveness of redress programs. While the original policies may have been introduced with noble intentions, they have increasingly become a tool for political manipulation and cronyism, rather than meaningful transformation.

It is clear that South Africa needs a new approach to redress—one that recognizes the complexity of disadvantage and aims to uplift all those in need, regardless of race. The answer is not to abandon redress, but to reform how it is implemented. This can be done by moving away from collective, race-based criteria to a model that focuses on individual circumstances.

This is why I, along with others, am advocating for a change to South Africa’s constitution. The Referendum Party has introduced such a proposal that does not seek to remove the concept of redress but to change how it is applied. Specifically, the constitution should stipulate that redress cannot be applied collectively based on race alone. Instead, redress should target individuals based on their unique circumstances—whether that’s poverty, lack of education, or geographic disadvantage—rather than a blanket assumption based on skin color.

This would create a more equitable and just system, one that acknowledges the complexity of inequality in South Africa. It would ensure that those who need assistance the most—regardless of race—are the ones who receive it. This new approach would also help to dismantle the racial divisions that continue to plague our society by fostering a sense of unity and common purpose, rather than perpetuating a system of racial quotas and privileges.

South Africa is at a crossroads. The current system has failed, not because redress is unnecessary, but because it is being applied in a way that divides, rather than unites us. It is time to move beyond race and to adopt a more nuanced, fair, and inclusive approach to redress. Our country’s future depends on it.

* Afrikaanse weergawe gepubliseer in die Rapport, 3 November 2024

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