Bosch, CraigHoskins, Jonathan MarkDept. of Public Law and JurisprudenceFaculty of Law2013-07-262024-11-062012/03/152012/03/152013-07-262024-11-062010https://hdl.handle.net/10566/18117Magister Legum - LLMDisability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place.enDignityDiscriminationDdisabilityDismissalEmployment equityIncapacityCanadian disability jurisprudenceAmerican disability jurisprudenceMedical model of disabilitySocial model of disabilityLegal construction of disabilityThesisUniversity of the Western Cape