Restitution or discrimination? Lessons on affirmative action from South African employment law

DSpace/Manakin Repository

Open Research Exeter (ORE)

Restitution or discrimination? Lessons on affirmative action from South African employment law

Show simple item record

dc.contributor.author Bosch, Grete S. en_GB
dc.contributor.department University of Exeter en_GB
dc.date.accessioned 2008-02-01T11:59:01Z en_GB
dc.date.accessioned 2011-01-25T11:52:32Z en_US
dc.date.accessioned 2013-03-20T16:53:48Z
dc.date.issued 2007-09-28 en_GB
dc.description.abstract This article evaluates the usefulness of affirmative action, which appears to have become the cornerstone of South Africa’s campaign to achieve racial equality. Whether or not affirmative action is an effective tool to combat disadvantage depends on the legislative approach and its best application to the specific problems. The approach taken by South Africa re-opens the debate on affirmative action and offers the international community a new perspective on overcoming past wrong. The importance of the subject is reopened particularly now that South Africa is at the forefront of the definition and implementation of what is generally termed affirmative action. In 1996 South Africa constructed a Constitution that entails an equality clause and makes reference to racial equality in several other provisions (Employment Equity Act, Act 55 of 1998, and its forerunner the Labour Relations Act, Act 66 of 1995, the Promotion of Equality and Prevention of Unfair Discrimination Act, Act 4 of 2000, and the Broad-Based Black Economic Empowerment Act (Act 53 of 2003)). The means to achieve racial equality and to overcome the legacy of past discrimination is without doubt a form of equality intended to compensate for that history through affirmative action (hereinafter referred to as restitutionary equality). Nevertheless, after more than ten years of democracy, enormous disparities between black and white still characterise employment. Despite the repeal of many discriminatory laws in employment such as the reservation of jobs for white people, high profile jobs are still occupied mainly by white people and white people still get the higher salaries (see Commission for Employment Equity 2007, Forgey et. al., 2000, at p. 294-296). Poverty today remains a black characteristic and as such is rising, even though there has been an increase in the average personal income (South African Institute of Race Relations, 2003). This article argues that not enough has been done to make restitutionary equality work at its best. en_GB
dc.identifier.citation [2007] 4 Web JCLI en_GB
dc.identifier.uri http://hdl.handle.net/10036/17352 en_GB
dc.language.iso en en_GB
dc.publisher Web Journal of Current Legal Issues en_GB
dc.relation.url http://webjcli.ncl.ac.uk/2007/issue4/bosch4.html en_GB
dc.subject restitution en_GB
dc.subject labour law en_GB
dc.subject employment law en_GB
dc.subject discrimination en_GB
dc.subject South Africa en_GB
dc.subject equality en_GB
dc.title Restitution or discrimination? Lessons on affirmative action from South African employment law en_GB
dc.type Article en_GB
dc.date.available 2008-02-01T11:59:01Z en_GB
dc.date.available 2011-01-25T11:52:32Z en_US
dc.date.available 2013-03-20T16:53:48Z
dc.identifier.issn 1360-1326 en_GB
dc.identifier.journal Web Journal of Current Legal Issues en_GB


Files in this item

Files Size Format View
bosch4.pdf 188.5Kb PDF Thumbnail

This item appears in the following Collection(s)

Show simple item record

Browse

My Account

Local Links