Regstellende aksie : die omvang en implementering daarvan in die werkplek

Abstract

The rationale behind affirmative action is the endeavour to address the inequalities and injustices created by discrimination in the past. Affirmative action was implemented in 1994 via the Constitution of the Republic of South Africa, 1996. Section 9(2) of the Constitution is known as the affirmative action clause. The United States of America was one of the first countries to implement affirmative action. The Constitution provides that all people have the right to equality. The legislature also mentions that other measures can be used. These measures include affirmative action. The constitution could be seen as the basis of affirmative action. Section 15(1) of the Employment Equity Act 55 of 1998 provides for affirmative action measures in the workplace. The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 is also important in the sense that it prohibits discrimination. This prohibition can be found in section 6 of the PEPUDA. I will conduct a literature study on the scope and implementation of affirmative action. There will also be a comparison study with the American system. The following points, above others, will be looked at: (a) The purpose and meaning of affirmative action; (b) The meaning of suitably qualified person; (c) The criterion in complying to affirmative action with reference to case law. The implementation of affirmative action rises the following question, is affirmative action merely reverse discrimination or is it a necessary measure to alleviate the position of those previously disadvantaged? It is my opinion that the problem with affirmative action lies not with the legislation itself, but with the implementation of that legislation.