1 reviews | Active since Jul 2017
Let's All Discover
1. This report is written out of despondency and frustration, of our culture as Abantu, being misunderstood. 2. My wife, is the main member of Discovery Medical Aid, and there are two dependents, being myself and our biological child. 3. She has been a member for close to thirteen years. 4. It should be noted, that we are of African origin, and by saying that, I want to emphasize, that, being identified as Xhosa, and African. Clashes with main stream western ideals, in terms of family and values. 5. Having said, that our family values are based on Ubuntu, which we find it might be cliché to explain. We don't identify as cousins, half brothers or sisters, etc., but as brothers and sisters, and this is contrary to the western thought. 6. Hospitality in Abantu society Vs Western Society:
a. Abantu: an example of a person travelled a long distance, would be provided a short stay (in transit), they are provided with food, accommodation, warm clothes. Ubuntu philosophy is being able to take care of your visitors, in such a way that, they feel comfortable to have you as the host and is not commercial. b. Western: is such that, the host goes out of his way, to provide for the needs of his guests, in return for some payment. 7. However, my understanding of Ubuntu, is:
a. You are born into it, and it's within you, and defines a society and its value systems. b. Love, truth, peace, happiness, inner goodness, eternal optimism. c. The essence of a human being, the divine spark of goodness, inherent within each being. d. Humaneness, gentleness, hospitality, empathy or taking trouble for others. e. Deep kindness, friendliness, generosity and compassion. f. The idea that, no one can be healthy, when the community is sick. g. That I am human only, because you are human, and if I undermine your humanity, I dehumanise myself. h. The benefits and burdens of the community must be shared in such a way that, no one is prejudiced. Rather everything is done to put the interests of the community, ahead of the interest of the individual. 8. This is brought up in order for this Medical Aid, to understand that: a. An African is not a rugged individual, but a person living within a community. b. In a hostile environment, it is only through such community solidarity that, hunger, isolation, deprivation, poverty and any emerging challenges can be survived. c. This is because of the community’s brotherly and sisterly concern, cooperation, care and sharing. 9. Now, the Western ways, is that, I have to call my son since he was four years old, and is now eight years that we have been taking care of with unconditional love my nephew. (We found him neglected by my sister). 10. We have provided him, with a home, love, compassion, and schooled him in affluent creches, and including primary school, where we pay for school fees which are exorbitant, but we do it because, we can’t prosper, whilst he is not better off. Furthermore, we tend to his medical needs, without any future expectations from him. 11. My wife has attempted plenty times to register him as a dependent of her, but is always refused by this medical aid. This is because they seem not to grasp that she is driven, by the values of Ubuntu, which she was born into, and is suffering because her child is not well taken care off, in terms of being covered by the medical aid. 12. It is my plea that, the medical aid, does not consider a depended or a child by the western value alone, but we as Abantu, have contradicting value, all children even not by own, are mine.
We have been in touch with Mrs Sneli to answer your comments.
Regards
Discovery Health Servicing Team
We have been in touch with Mrs Sneli to answer your comments.
Regards
Discovery Health Servicing Team
- Quite clearly the Constitution itself envisages a place for customary law in our legal system. Certain provisions of the Constitution put it beyond doubt that our basic law specifically requires that customary law should be accommodated, not merely tolerated, as part of South African law, provided the particular rules or provisions are not in conflict with the Constitution.
- Sections 30[38] and 31[39] of the Constitution entrench respect for cultural diversity. Further, section 39(2) specifically requires a court interpreting customary law to promote the spirit, purport and objects of the Bill of Rights.
- In similar vein, section 39(3)[40] states that the Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by customary law as long as they are consistent with the Bill of Rights.
- Additionally, section 211[41] protects those institutions that are unique to customary law. It follows from this that customary law must be interpreted by the courts, as first and foremost answering to the contents of the Constitution. It is protected by and subject to the Constitution in its own right.
- The Constitution asserts dignity to contradict our past in which human dignity for black South Africans was routinely and cruelly denied.
- It asserts it too to inform the future, to invest in our democracy respect for the intrinsic worth of all human beings.
- Human dignity therefore informs constitutional adjudication and interpretation at a range of levels. It is a value that informs the interpretation of many, possibly all, other rights.
- The Courts have already acknowledged the importance of the constitutional value of dignity in interpreting rights such as the right to equality, the right not to be punished in a cruel, inhuman or degrading way, and the right to life.
- Human dignity is also a constitutional value that is of central significance in the limitations analysis.
- Section 10, however, makes it plain that dignity is not only a value fundamental to our Constitution, it is a justiciable and enforceable right that must be respected and protected.
- There can be no doubt that the guarantee of equality lies at the very heart of the Constitution. It permeates and defines the very ethos upon which the Constitution is premised. In the very first paragraph of the preamble it is declared that there is a ‘. . . need to create a new order . . . in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms.
- Every child shall have, without any ************** as to race, colour, ***, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
- The Children’s Act, talks about protecting children from abuse, harm and neglect and to do this, many different services and resources need to be made available for children.
- The African Charter on the Rights and Welfare of the Child provides that children are entitled to enjoy the rights and freedoms recognised and guaranteed in the Charter “irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, ***, . . . birth or other status.
- Undoubtedly, to us your paragraphs 2 and 4 are flawed and furthermore you failed to provide us with a reference, in terms of the Council for Medical Schemes and applicable case laws, as you have clearly referenced. Furthermore, we are aware of children who are not in first blood line, are not adopted, but covered as dependents by care givers of them, by medical aids schemes.
- Having noted your response regarding neglect, we are of the view, you did not interrogate the fact that, the mother, my sister had no means to provide for the kid and the father is not around the country (this to us is neglect), and as an African we are obligated to take care of the child. The Children’s Act, says that it is also important to look at the attitude that the parent has towards the child and the attitude the parent has about his or her duties as a parent.
- We are his care givers, and have been for the past four years, we should still safeguard the child’s health, well-being and development. The caregiver should also protect the child from maltreatment, abuse, neglect, filth, **************, exploitation and any other physical, emotional or mental harm, in terms of the Constitution and the Children’s Act.
We trust that this matter, will be looked at by someone, with an appreciation of the Constitution, Bill of Rights, the Children’s Act and Customary law, and Ubuntu.
Thank you in advance.
Kind Regards
- Quite clearly the Constitution itself envisages a place for customary law in our legal system. Certain provisions of the Constitution put it beyond doubt that our basic law specifically requires that customary law should be accommodated, not merely tolerated, as part of South African law, provided the particular rules or provisions are not in conflict with the Constitution.
- Sections 30[38] and 31[39] of the Constitution entrench respect for cultural diversity. Further, section 39(2) specifically requires a court interpreting customary law to promote the spirit, purport and objects of the Bill of Rights.
- In similar vein, section 39(3)[40] states that the Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by customary law as long as they are consistent with the Bill of Rights.
- Additionally, section 211[41] protects those institutions that are unique to customary law. It follows from this that customary law must be interpreted by the courts, as first and foremost answering to the contents of the Constitution. It is protected by and subject to the Constitution in its own right.
- The Constitution asserts dignity to contradict our past in which human dignity for black South Africans was routinely and cruelly denied.
- It asserts it too to inform the future, to invest in our democracy respect for the intrinsic worth of all human beings.
- Human dignity therefore informs constitutional adjudication and interpretation at a range of levels. It is a value that informs the interpretation of many, possibly all, other rights.
- The Courts have already acknowledged the importance of the constitutional value of dignity in interpreting rights such as the right to equality, the right not to be punished in a cruel, inhuman or degrading way, and the right to life.
- Human dignity is also a constitutional value that is of central significance in the limitations analysis.
- Section 10, however, makes it plain that dignity is not only a value fundamental to our Constitution, it is a justiciable and enforceable right that must be respected and protected.
- There can be no doubt that the guarantee of equality lies at the very heart of the Constitution. It permeates and defines the very ethos upon which the Constitution is premised. In the very first paragraph of the preamble it is declared that there is a ‘. . . need to create a new order . . . in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms.
- Every child shall have, without any ************** as to race, colour, ***, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
- The Children’s Act, talks about protecting children from abuse, harm and neglect and to do this, many different services and resources need to be made available for children.
- The African Charter on the Rights and Welfare of the Child provides that children are entitled to enjoy the rights and freedoms recognised and guaranteed in the Charter “irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, ***, . . . birth or other status.
- Undoubtedly, to us your paragraphs 2 and 4 are flawed and furthermore you failed to provide us with a reference, in terms of the Council for Medical Schemes and applicable case laws, as you have clearly referenced. Furthermore, we are aware of children who are not in first blood line, are not adopted, but covered as dependents by care givers of them, by medical aids schemes.
- Having noted your response regarding neglect, we are of the view, you did not interrogate the fact that, the mother, my sister had no means to provide for the kid and the father is not around the country (this to us is neglect), and as an African we are obligated to take care of the child. The Children’s Act, says that it is also important to look at the attitude that the parent has towards the child and the attitude the parent has about his or her duties as a parent.
- We are his care givers, and have been for the past four years, we should still safeguard the child’s health, well-being and development. The caregiver should also protect the child from maltreatment, abuse, neglect, filth, **************, exploitation and any other physical, emotional or mental harm, in terms of the Constitution and the Children’s Act.
We trust that this matter, will be looked at by someone, with an appreciation of the Constitution, Bill of Rights, the Children’s Act and Customary law, and Ubuntu.
Thank you in advance.
Kind Regards
We have been in touch with Mrs Sneli to answer your comments.
Regards
Discovery Health Servicing Team
We have been in touch with Mrs Sneli to answer your comments.
Regards
Discovery Health Servicing Team