Are we a tribal, apartheid state?

Apartheid became official policy in South Africa, in 1948. Racial discrimination had existed before, just as it continues to exist today. Past governments had practiced it but none had had the fortitude to officialise it. Apartheid gave racial discrimination and exploitation the force and effect of law and paved way for the legalisation of untold exploitation and misery.

One question we had to grapple with was with regards to whether human rights, including the right not to be discriminated against on the basis of colour, have “horizontal application”. Take “vertical application” to mean as between the state and the subject and “horizontal application” to mean as between subjects at a private level. There could be no doubt that vertically, apartheid no longer had a place in law and policy. Others argue, however, that apartheid has neither been outlawed nor obliterated by South Africa’s post liberal constitution.