Magister Legum - LLM (Mercantile and Labour Law)

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Browsing by Subject "Affirmative action"

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    The effectiveness of South African legislation in protecting black employees from racial discrimination
    (University of the Western Cape, 2022) Pinyane, Teboho Shaun; Van De Rheede, Jeannine
    The Apartheid government passed segregation laws which favoured the white minority and unfairly discriminated against black people. The Constitution of the Republic of South Africa acknowledges the hardships caused by Apartheid and thus contains an equality clause governed by section 9 of the Constitution which prohibits unfair discrimination. The Constitution places an obligation on parliament to enact legislation with the aim of advancing and protecting persons or categories of persons disadvantaged by unfair discrimination.
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    The extent to which the South African law governing racial discrimination protects employees: A comparison between South Africa and Canada
    (University of the Western Cape, 2022) Zuma, Gladwin; Van De Rheede, Jeannine
    During apartheid the lives of black South Africans were dominated by unfair discrimination on the ground of race. The creation of a new deracialised South Africa began with the dismantling of the legislation that existed during apartheid that promoted racial segregation and the promulgation of the Constitution. Section 9 of the Constitution promotes equality and prohibits unfair discrimination. The Employment Equity Act 55 of 1998 was enacted to give effect to section 9 (2) and 9 (4) of the Constitution. In terms of section 6 (1) of the EEA ‘no person may unfairly discriminate against an employee on various grounds which includes the ground of race’.