Staatsowerheid en geregtigheid met besondere verwysing na rasseklassifikasie : 'n teologies-etiese studie

Abstract

The aims of this study were firstly to ascertain what Scripturally based ethical guidelines (if any) there are by which justice can be brought about on an institutional level, more explicitly by the state authorities, and secondly, to use these guidelines to evaluate the system of race classification, as primarily embodied by the Population Registration Act (no. 30 of 1950). A historical study of the relationship of the state authorities and justice followed. Certain relevant and recurring "themes" emerged from this study, e.g. that government has a duty with regard to institutional justice, that persons in office (especially believers) have a special responsibility in this regard, that an order based on law was considered necessary for institutional justice and that laws and judicial verdicts were seen as important channels and instruments of justice. Following this, an exegetical study of certain relevant Biblical passages was carried out. These results, coupled with the historical themes, were used to postulate the following "components" of the justice of the state authorities: • To bring about justice, the creation and maintenance of an order based on law is necessary to protect the Godgiven rights of people. • There is a delicate balance between order, power and justice, and no one of these may exist without the other. • Just laws are some of the most important channels and instruments of justice that the state authorities have at their disposal. • Justice should aim at the highest possible degree of peace. • Justice should establish the equality and equal worth of all subjects, both in political life and before the courts. • ln the balancing of different interests in the community, justice should grant each the greatest possible freedom. • Justice should make provision for the application of love and fairness in individual cases. • The moral legitimacy of a government is inseparably linked to the effective execution of its duty with regard to institutional justice. • On basis of their divine office, government officials have an unavoidable personal responsibility to God to bring about institutional justice. The duty of state authorities with regard to justice is not absolute and is limited by the character of state authority and the responsibility of other parts of the community to also bring about institutional justice. The system of race classification, consisting not only of the Population Registration Act, but also of relevant proclamations and laws operating on basis of racial definitions, was examined next. The theological roots of apartheid and the ideological roots of race classification were then investigated. Attention was also given to the judicial nature and basis, as well as the judicial and practical implications of classification. Against this background the system of race classification was evaluated ethically by using the abovementioned components of justice. With the possible exception of maintaining order, the system was in no way found to satisfy the demands of justice; and that in its practical consequences it rather brought about and enhanced injustice. The system, therefore, should be seen as unjust and theologico-ethically unacceptable. Finally, the fact that state authorities have a multidimensional duty with regard to institutional justice was highlighted. It is necessary to work out the separate components of justice more fully in the South African context, while also bringing into account the disastrous consequences of sin. Because the system of race classification is unjust and ethically unacceptable, it either has to be adapted or repealed. Although voluntary race registration (e.g. statistically) couId present no ethical objection, it is important that no such registration should be compulsory. Because of the fact that the system of race classification forms the basis of separateness in the South African society, an alternative for the system is inseparably linked to a more just political dispensation. Further study, focusing on the components of the justice of state authorities, is therefore necessary.