Motor Vehicle Insurance, the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act

Kok, Anton

doi:10.1080/02587203.2002.11827644

Cited by 2 publications

(1 citation statement)

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“…Criminalisation (as well as de-criminalisation) is a political process and an expression of the normative questions that societies battle over. This is the case when 'loitering' is criminalised, or begging (Ramanathan, 2006(Ramanathan, , 2008, as well as when hate speech, sexual harassment and rape (e.g., Baxi, 2014) or racist violence (e.g., Bielefeldt and Follmar-Otto, 2005;Kok, 2008) are criminalised. It is so also with regards to the criminalisation of genocidal violence and its legality and legitimacy (Arendt, 2011).…”

Section: Law and The Politicalmentioning

confidence: 99%

Decolonising the political: Presence, law and obligation

Eckert

2023

Anthropological Theory

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In his recent book, Mahmoud Mamdani calls for the decolonisation of politics to overcome the categorical and conceptual legacies of the colonial nation state that generate, time and again, cycles of retributive violence. Mamdani's suggestion of survivor communities, I argue, does not go far enough. The epistemological revolution necessary to reconceptualise legitimate belonging must go beyond the notion of surviving a shared history. If what is at issue is creating an inclusive political order, political community cannot be based on a shared past but must rather encompass all those who share a present. Moreover, if the distinction between permanent majorities and permanent minorities established by the nation state is continued in the structures created by that order, instruments of redress are required. The political question and the social question are one. To this end, rather than abandoning notions of legal responsibility, an epistemological revolution in the legal notions of responsibility is needed. To liberate the question of who belongs from the logic of prerogative that is the corollary of the nation state form and to radically alter the logic of membership, responsibility must be reconceptualised to take account of our implication in the situation of others. We can conceive of polities not as constituted by a shared past, but as premised on our collective inhabitation of entangled histories and presents.

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Section: Law and The Politicalmentioning

confidence: 99%

Decolonising the political: Presence, law and obligation

Eckert

2023

Anthropological Theory

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The Impact on Women on the Removal of Gender as a Rating Variable in Motor-Vehicle Insurance

Wagener

2017

PER

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Insurers use actuarial statistics as rating variables to differentiate and distinguish for the purposes of risk classification. They justify their use of actuarial statistics due to its accuracy as a predictor of risk. South African motor-vehicle insurers use gender, inter alia, as a rating variable to classify risks into certain classes and to determine insurance premiums. Depending upon whether the insured is male or female, it could have a significant impact on the cost of his or her premium. Women drivers pay less for motor-vehicle insurance because actuarial statistics indicate that women are more careful drivers and are involved in 20 per cent fewer accidents than men. Men pay higher premiums because the statistics indicate that they are less responsible drivers than women. Should a South African court decide that the use of gender as a motor-vehicle insurance rating variable is unfair discrimination, this would benefit male drivers, as it would lower their premium. Women, on the other hand, would be disadvantaged as they would be required to pay higher premiums to subsidise men. The article examines the impact that the removal of gender as a rating variable in motor-vehicle insurance would have on women, and asks if the effects thereof would influence a South African Court’s decision in determining if the use of gender as a rating variable amounts to unfair discrimination. The article first considers the findings of American and Canadian Courts in determining this same issue and then considers South African equality legislation, particularly the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“the Equality Act”). Thereafter, the article provides recommendations for a South African Court. As the Equality Act indicates that the discriminatory insurance practice of placing a disadvantage or advantage on persons based inter alia on their gender may possibly be unfair, it is suggested that South African insurers would have to consider alternative methods of risk assessment. In the light of the American and the Canadian case law, the article suggests that there should be a change of approach to insurance risk assessment. Rather than using gender as a rating variable the insurer could assess the risk of the individual insured, using appropriate, neutral rating variables suited to the particular circumstances of the insured. This would require a much more intensive and individualised risk evaluation and would require the insurer to “tailor-make” insurance for each individual. It is submitted that such an approach would give effect to the right to equality by disallowing the use of gender as a rating variable without producing the undesirable consequence that women drivers would have to subsidise men.

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Motor Vehicle Insurance, the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act

Cited by 2 publications

References 0 publications

Decolonising the political: Presence, law and obligation

Decolonising the political: Presence, law and obligation

The Impact on Women on the Removal of Gender as a Rating Variable in Motor-Vehicle Insurance

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