Strong Preference Affirmative Action Violates The Principle Of Equal Opportunity Case Study

“Strong-preference affirmative action violates the principle of equal opportunities and is therefore unjust.” Do you agree or disagree with this statement? Explain why. Your answer should focus on equality of opportunity.
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Introduction
Twenty years since the abolishment of the Apartheid regime, government has introduced and implemented various rectificatory legislative and other measures in an attempt to eliminate the past injustices that mask our society. Among these measures are the Constitution, which includes the Bill of Rights that addresses equality, and legislative policies, in particular affirmative action.

The principle of equality is a fundamental assumption
Direct discrimination requires a comparator. The comparator, in proving direct discrimination, is the dominant social norm: white, male, able-bodied, and heterosexual. This rule assumes the existence of a”universal individual” which may neglect the variety and diversity of a society. The approach of formal equality is to ignore one’s personal characteristics altogether. Such an approach to equality supports the position that an individual’s characteristics are not considered when determining whether they have a right to some gain. Whilst the approach of consistent treatment is significant in society, the complexity of society and social relations makes the application of this approach, as a basis for equality of opportunity measures, an overly symmetrical
As a former justice of the Constitutional Court stated: “Although the long term goal of our constitutional order [the South African Constitution] is equal treatment, insisting upon equal treatment in established inequality may well result in the entrenchment of that inequality.”

Furthermore, substantive equality emphasises the importance of recognising the cultural, political and legal choices of social groups. The emphasis is on affirming and recognising diversity and difference. For political minorities, equality of recognition/identity is vital as it helps to secure ‘a desire for equality [which] is not [based] on a hope for the elimination of all differences’ but one based on ‘equal concern and respect across difference’.

Therefore, substantive equality requires an asymmetrical approach and in facilitating to achieve the equality of opportunity principle and equality of outcomes, seeking to achieve an equal distribution of social goods. This concept of equality is manifested through legislative measures such as affirmative