Assessment on the implementation of legislation on prevention and protection of employees discrimination in the Department of Local Government and Human Settlements - North West Province

Abstract

Before 1994, apartheid was entrenched as a political and social stratification system in South Africa. This segregatory rule was used from 1948 to 1994. South Africa is now governed by a new democratic order but historical workplace inequalities still need to be addressed. In remedying the situation, the Constitution and a group of acts were promulgated to rectify past discrepencies experienced by black people during apartheid. This is an intervention made by government where employers are obliged to take steps to ensure that some groups of people who were disadvantaged have the opportunity to work and be trained. This is done through the implementation of the Constitution of the Republic of South Africa which was promulated in 1996, Basic Conditions of Employment Act No. 75 of 1997, Employment Equity Act No.55 of 1998, Labour Relations Act No. 66 of 1995, Skills Development Act No. 97 of 1998and Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000. Discrimination in employment occurs when employees, organisations, or governments treat people differently because of characteristics like race, gender, or sexual orientation rather than their ability to perform their jobs. These actions bear a negative impact on access to jobs, promotions or compensation. The study made use of both qualitative and quantitative methods to gain more information from employees on the underlying reasons and opinions about the subject matter. The major finding of the research was that employees of the Department were fully aware of the legislative prescripts available to prevent and protect staff against discrimination of all forms in the workplace. The staff did not notice any difference brought about by their diverse nature and therefore all employees are treated equally irrespective of whether they are a minority group or not.