Richard Chemaly
4 minute read
28 Apr 2020
5:04 pm

Will it be legal for businesses to prioritise South Africans during these troubled times?

Richard Chemaly

Tito Mboweni has indicated that businesses need to prioritise hiring South Africans if they wish to receive government support. People are unhappy, but what about the law?

Richard Anthony Chemaly. Entertainment attorney, radio broadcaster and lecturer of communication ethics.

For the most part, the Bill of Rights within our constitution and the rights contained therein apply to all people in South Africa regardless of nationality. Philosophically, this makes sense as human rights are applied on the basis of one's humanity rather than some Starship-Troopers-esque reward. Philosophy doesn’t always get it completely right though. Even highly regarded scholars such as Aristotle have made some poor calls in the form of justifying slavery. To address the inefficiencies of the underlying philosophies broadly informing our constitutional framework, there are built-in mechanisms of pragmatism. For example, little Sam aged nine may be a...