I am wondering if one shouldn't address the psychological impact, not even one year after the constitutional court outcome on BBBEE and public procurement, without any literary or formal studies compiled on the transformation process stance in all this, but when I looked at the video this morning of that young man, desperately feeling the loss of being late one hour for writing one of his matric exam papers, the pressure, so I think, might be on them to rise above their circumsyances, like during the apartheid years, yet, this time, to exceed RDP house lifestyles and squater lifestyles and even rural lifestyles. With the knowing in the back of one's mind that the transformation process is still ongoing, there are lots of possibilities for every youngster and not so much psychological pressure to rush to exceed their circumstances. But at the moment, with the news circulating the news platforms on BBBEE in public procurement found unconstitutional by the constitutional court, you might as well speak the truth, and say that the transformation process saw its ass. It is possible to make this assumption without realising it even. One know that a BBBEE concept, there to promote and protect and uplift the previous disadvantaged, has been declared unconstitutional by the constitutional court. When exactly did it become unconstitutional? Well, if you are smart, you'll realise there ain't much difference in BBBEE practises since 1994 to 2022. Still, it was found unconstitutional by the court. And the problem SA is facing, or shall I put it straight and call the group who initiated this by the name, the Afriforum lobby group, is that they did not present the court with sufficient evidence, to blame the court in this matter for the misrepresentation of the BBBEE case as a full literary and intellectual approach on the position this country find the transformation process to be in, that would have shown and made a clear indication that BBBEE is part of the transformation process, which(the transformation process) is actually far from being resolved as such that BBBEE can be declared a practise that is unconstitutional. The judge of a court, cannot go outside the boundaries of the evidence presented to the court. You cannot expect judges to do so, as you will have expectations then for the judge to make up in his own mind the decision, but against all the evidence provided, the person is guilty, but, he was a faithful church member and deserve therefore to be declared not guilty. He went to church twice on a Sunday and every Sunday of the year for 40 years by now. The judge don't have the authority, to dump the judicial profession into such actions of misconduct and improper and unprofessional misplaced loyalty.
If the lobby group didn't do their homework properly and were driven by old apartheid regime ideals to get rid of BBBEE in public procurement, they alone can be held responsible for the type of approach on the matter of BBBEE being presented to the court as a unconstitutional based idea, in an attempt to convince the court that the court should decide in favour of the evidence presented on the matter by the lobby group.
I guess, it is quite clear, to address the psychological impact of the stress that may be as a result of the findings of the constitutional court on BBBEE in public procurement, the essence of the misconduct in the case presented to the court, should be addressed. Else one sit with the disposition of settling once again for apartheid ideals above everyone's rights set within the constitution of this country.
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