“I explained why I supported the Black Management Forum (BMF), which was an organization targeting mainly black professionals, and why I felt that I need for such an organization existed. My view was that for as long as there remained inequalities in our society, we would need to have organizations to campaign almost exclusively on behalf of black people. Survey after survey showed that whites still got most of the top jobs in South Africa, and that blacks had not benefited from policies like affirmative action in the way that people claimed they had … Black people are still under-represented in senior management positions and economic power remains in white hands. Consequently, there is still a need for an organization targeting black people. I hope the day will come when we no longer require such organizations, but I fear this need will exist for many more years,” - Ryland Fisher in his book, Race in 2007. He is the former editor of the Cape Times.

With the electioneering machineries of several political formations gathering a fierce and frenetic momentum, it appears that economics has become politics by other means. It is yet another open season of promises, just after yuletide. Jobs, more money for health and education, housing et cetera are the main buzz phrases.

Enter new kid on the political block, the Congress of the People (COPE) into the hurly-burly scene; AA (not Alcoholic Anonymous) is now the most debated of the empowerment objectives. Clearly affirmative action has firmly entered the kaleidoscope of political intrigue.

COPE raises concerns including:

• AA is bad for race relations because it alienates white brothers and sisters.
• Race should not be the only criterion that decides job allocation. For example, poor whites names should be thrown into the AA hat and potential in any candidate should count.
• White children born during the ‘ free years’ should be exempted from AA  and
• Sectors of the economy with critical skills shortages should be shielded from AA’s reach in order to avoid creating inefficiencies in the economy.

Is AA racism in reverse, or is it even racism, to begin with? These lingering questions notwithstanding, the debate relating to AA has since unambiguously taken on a nastier racial tinge.

Eusebius McKaiser, a political and social analyst at the Centre for the Study of Democracy unravels COPE’s assertions vis-à-vis the AA issue and explains factors that may have prompted the party’s serious concerns on the subject.

“COPE claims that AA and BEE legislation have failed. Yet, they emphasise that the policies should be retained but better implemented. Why? There is a lot of cronyism and nepotism in the name of black empowerment. A black elite has been born
(Not a bad thing of itself), but for the rest of us with no friends in high places, there are but a few crumbs left. And, by the way, “the rest of us” include - for the rainbow nation’s sake - Coloureds and Chinese South Africans.”

The outspoken BMF President, Jimmy Manyi is unflinching in his stance on AA and has taken COPE head on, pointing out that most of their reservations about AA are not exclusively peculiar to this intervention.
 
Says Manyi: “The concept of nepotism and cronyism, undesirable as they are, could never be the sole preserve of AA. These bad recruitment practices predate AA and it is purely opportunistic, dishonest and gratuitous to lambaste AA for this scourge. These concepts are also experienced in companies that are exclusively white - including those in America and Europe.

“The BMF appeals for honesty and integrity in public discourse. Equity and efficiency should be pursued as complementary. Implicit in this resolution is a racist undertone that seeks to associate equity with inefficiencies. The BMF would argue strongly that this resolution stigmatizes AA, implying that AA candidates lack merit. Racism and colonized mentality will always second-guess black professionals.”

The Legal Profession Case Study

But the BMF is not the only professional organization that has taken the cudgels with COPE. The influential Black Lawyers Association (BLA) has also entered the fray. And it is not without solid reasons.

According to the latest survey on transformation within the legal profession commissioned by the Law Society of South Africa reveals shocking findings in relation to the slow pace of change in the profession. The damning statistical evidence includes:

• At least 80% of SA’s law firms are owned by Whites.
• More than 60% of the law firms are male-owned.
• A paltry 24% are female-owned.
• A miniscule 9% are owned by both men and women.
• White lawyers constitute over 70% of the country’s lawyers, Africans and Indians 15% and 7% respectively while Indians make up 5%.
• Only 15% of the R2, 5 billion spent on advocates was allocated to black advocates in the past financial year.

From the survey’s findings it is very clear that both the Bar and the Side-Bar are far from reflecting the racial and gender mix of the country. It is a pale and male dominated profession, period. This explains why the Legal Services Charter has been signed off by the profession in December 2007, albeit it still awaits approval by cabinet. This delicate process has to be finalized expeditiously, lest the shaky credibility of our judiciary, due to its suspected executive-mindedness that continues to buttress the malignant intentions of the status quo ante.

The skills shortage pretext is  but a tired refrain in this regard, for there black-owned and -controlled outfits such as Phukubje Pierce Masithela, Maserumule Incorporated, Maponya Incorporated, among others, who have acquitted themselves well in almost all areas of legal practice, more especially the tough commercial law arena.

Andiswa Ndoni, chairman of the BLA blames the industry for this ignominious state of affairs.
Says Ndoni: “It is resistance to change and being comfortable with their cosy corners. There are no pressures from their clients.”
 
Given this stark case study, one hopes that COPE will look deeply in all other professions and probe the domestic labour market trenchantly and subsequently come with viable alternatives as opposed to the current punchy, politically-motivated, soundbites.