A quick look at the moral worth of race based admission requirements for universities in South Africa: PART 1

This is a quick look at the moral worth of the BBBEE and Affirmative Action systems. Of course everyone has their opinion on matters such as these, many white South Africans feel like there's nothing they can do, there's nothing much to say anymore. If you speak up you're racist or you're told to get with the times, stop complaining and get a job. On the other hand, many Black South Africans have endured great disadvantages. The question is where to draw the lines? Are systems such as those mentioned above intrinsically good but perhaps just misguided in their implementation, or are they actually inherently immoral? Below is the first of 2 parts which I will be posting in the next week. Everyone has an opinion on these types of matters and we would like to hear yours. So please, leave a comment at the bottom and answer the poll on the right

Introduction

Race based admission into any institution, either invokes a sense of justice, a sort of setting things right or a feeling of frustration for what must be seen as unfair. Race based admission is founded on the principle of affirmative action or equity, a principle which has its origins in the United States of America.[1] It was during the administration of J F Kennedy that the concept was introduced and later advanced by his successor L B Johnson to not only seek “equality as a right and theory, but equality as a fact and as a result”.[2] Whilst its origins may be rooted in the United States, for many South Africans affirmative action results in a heated debate, old battle lines are drawn and just how much of a reconciled rainbow nation we are may be gaged. For many affirmative action is the reason they did not get the job they were so deserving of and for some an encouragement to become  “tenderpreneurs”, whatever feelings the word may arouse, what is certain is that there are both advantages and disadvantaged to race based admission. For the purpose of this paper these advantages and disadvantages will be explored and by extension arguments for and against race based admission will be forwarded. On this basis the morality or lack thereof will be concluded.

Race based admission, Affirmative Action and Distributive Justice

The concept of distributive justice is an enshrined constitutional principle. That is so because our Constitution is partly premised on recognising “the injustice of our past.”[3] In redressing the inequality suffered during the dark days of apartheid the Constitution orders that in order to “promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be undertaken”.[4]

 

In realisation of this constitutional imperative, legislature enacted the Higher Education Act[5] which requires universities to adopt such admission policies that seek to redress “past inequalities”[6]. The exact inequalities that were suffered which would justify race based admission policies may be observed from repealed legislation such as the Population Registration Act[7]. The Act categorised South Africans on the basis of race resulting in inequality of opportunity and privilege in the socio-economic status between white and black South Africans.[8]  To date South Africa is still haunted by these inequalities which were systematically met out on the majority of the population for a period of over 300 years. These racial categories were designed with the sole intent of oppressing have been resuscitated today in order to redistribute justice in South Africa. 

Distributive justice has been described as a “perceived fairness of an outcome”[9]. Central to the fairness of the outcome is the rule of equality.[10] Whilst equality may be construed to mean equal treatment for all irrespective of ethnicity or race, true equality will only be exercised when one takes into account ethnicity, race and the environment that dominates the lives of people of a particular ethnicity or race. People are not the same and to attempt to treat them as such would in fact perpetuate inequality. Hence, the question is not whether a black applicant is treated the same as a white applicant, rather would it be fair, given the nature of our past, to treat a black applicant differently than a white applicant. 

Whilst it would be argued that the redress sought may be achieved by taking into account the social-economic status of the university applicant as opposed to his or her race, the reality is that race is a justified proxy for making such assessments. Because of South Africa’s race based history it would be imperative that admission policies at universities use race as “an indicator to acknowledge and so to redress, the disadvantage and discrimination faced by black students”[11]. Similar sentiments were shared in Motala and Another v University of Natal[12] where in the court agreed with the respondent in that various racial groups experienced various degrees of inequality in the past and that inequality peculiar to a specific race would have to be taken into account during admission of applicants into a university. Opponents of affirmative action, more specifically race based admission policies, fail to “acknowledge just how bad apartheid really was”[13], and the degree to which it adversely impacted, not only the socio-economic lives of black people, but shattered their very “psyche”.[14]

In addition, it may be argued that as a result of some black applicants attending former model C schools, race based admission would be abused by applicants who do not come from a previous disadvantaged background. In rebutting this argument the reader must consider the generational legacy of Bantu education. For example, one among many, whilst white students at former model C schools have been brought up in educated homes, black students have been brought up in homes in which their parents are unable to assist them with their education, despite any strong desire to do so, leaving them in a disadvantaged position in contrast to their white class mates.

Affirmative Action, Equity and the Second Principle of Justice

Coupled with quality and efficiency, equity forms part of the essential means to achieve effectiveness in an institution of higher education.[15] Equity in the context of higher education includes affording those with the required abilities an opportunity to attend university as well as providing such an individual with the opportunity to develop those abilities.[16]

Allowing an individual the opportunity to develop his or her abilities would require at times that an applicant not be assessed exclusively on his or her academic merit but rather consideration be given to the racial based challenges experienced by that individual and his or her potential to develop and be a successful student and graduate.[17]

In terms of Rawls second principle of justice, socio-economic inequalities are to be organised so that “they are to be of the greatest benefit to the least-advantaged members of society” and “offices and positions must be open to everyone under conditions of fair equality of opportunity”. Accordingly, the principle of equality of opportunity would justify a preferential treatment of one race if it would improve the position of the most disadvantaged of races.

Does race based admission constitute reverse racism?

In response to the University of Cape Town’s continuation of using race as factor in its admission policy, Benetar contends that race based admission is “morally indefensible”.[18] It presents a new form of discrimination in the form of reverse racism.[19] Therefore, it follows that the burning question that must be answered is: does the advancement of a racial group above another constitute racism? Willem van Vuuren of the Department of Political Studies, University of the Western Cape would have us believe so. He reasons that non-racialism in South Africa frequently takes on a form of an exclusive African nationalism which is nothing more than a "new type of apartheid"[20]. Steve Biko would hold differently. Biko’s theory of racism compels an exclusion of one group by another “for the purpose of subjugation”[21] The advancement of black people during the admission process with the purpose of redress can simply not amount to racism. For it to amount to racism white applicants would have to suffer subjugation by the advancement of black applicants. Evidence would suggest otherwise. A study conducted surrounding the intake of white applicants at the University of Cape Town showed an increase of white applicants by 17 per cent in 2009 in comparison to the intake for 1994.[22]

As highlighted earlier, affirmative action arouses an emotional response. Whilst Benetar asserts that admission should be objective in nature from the view of one who takes a neutral position with only merit in mind, this unfortunately is not possible.^[23] The self-interest theory explains that “whites respond negatively”[24] to affirmative action because it hinders their personal aspiration. de Vos further adds that those who assess applications for admission into university, do so seeking to advance those that most resemble themselves, even  the few successful black applicants are those that most resemble the white people who assessed them.[25]

---

[1] D J Ncayiyana “The vexed question of race-based admission to medical school” April 2012 South African Medical Journal Vol 102 No.4 193

[2]Supra

[3] Constitution of the Republic Of South Africa 108 0f 1996

[4] Supra

[5] 101 of 1997

[6] Supra S37

[7] 30 of 1950

[8]  D J Ncayiyana South African Medical Journal April 2012 Vol 102 No.4 193

[9] M Coetzee and M Bezuidenhout “ The fairness of affirmative action: In the eye of the beholder” 2011  South African Business Review Vol  15 No2 78

[10] Supra

[11] C Soudien “Affirmative action and admission in higher education” 2010 South African Journal of Higher Education   vol 24 issue 2 223

[12] Motala and Another v University of Natal 1995 (3) BCLR 374 (D)

[13] Legal Brief S W Mills “AA opponents fail to acknowledge effects of apartheid” (02 May 2007) http://www.legalbrief.co.za/article.php?story=20070502134246398 assessed (02 October 2012)

[14]Supra

[15]E M Bitzer “ Some myths on equity and access in higher education” 2010 South African Journal of Higher Education   vol 24 issue 301

[16] Supra

[17] Motala and Another v University of Natal 1995 (3) BCLR 374 (D)

[18]  E M Bitzer South African Journal of Higher Education  2010 vol 24 issue 299

[19]  M Coetzee and  M Bezuidenhout “2011 South African Business Review Vol 15 No. 2  77

[20] Constitutionally Speaking P De Vos “Here we go again” (17May 2007) http://constitutionallyspeaking.co.za/2007/05/page/2/ (assessed 02 October 2012)

[21] A Mngxitama “ Blacks can’t be racist” July 2009 New Frank Talk  6

[22]J Favish and J Hendry “ UCT’s admissions policies: Is the playing field level?” 2010  South African Journal of Higher Education   vol 24 issue 270

[23] E M Bitzer 2010 South African Journal of Higher Education   vol 24 issue 299

[24] M Coetzee and  M Bezuidenhout  2011 South African Business Review Vol 15 No. 2  78

[25]Constitutionally Speaking P De Vos “Here we go again” (24 Aprli 2007) http://constitutionallyspeakingsa.blogspot.com/2007/04/in-defence-of-affirmative-action.html (assessed 02 October 2012)