Justifications and limitations of affirmative action
- Authors: Weinand, Lorentia Leana
- Date: 2019
- Subjects: Affirmative action programs -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/44077 , vital:37105
- Description: The main aim of this thesis is to establish whether affirmative action is justified and to consider the limitations imposed thereon. Regard had to be made to the past position, as affirmative action emanated from the apartheid era. This paper provides for an extensive discussion of what affirmative action entails and compares the past position of unfair discrimination towards the current position of affirmative action. It is important to have regard to the Constitution, legislation and case law relating to the application of affirmative action. Within this paper reference to the Constitution, LRA, EEA, case law, academic writings and journal articles is made in order to evaluate on what basis affirmative action is founded, justified and limited. The approach used in terms of substantive equality based on the Van Heerden1 and Harksen v Lane2 judgments. Provision is made as to whom affirmative action applies to. The process of implementation of affirmative action is visited with a view to give guidance on how affirmative action should be implemented, what the short comings are in the public sector with the implementation process and to provide guidelines to achieve a positive and effective affirmative action in South Africa Because certain people regard affirmative action as reverse discrimination, the contrary had to be analysed by way of legislation and authority from case law in order to provide for the correct position. It would become apparent from this paper that affirmative action does not only apply to designated employees, after the Van Heerden Judgment the courts have developed their approach in a number of authorities for example in Alexandre v Provincial administration of the Western Cape Department of Health3. India makes use of affirmative action that is in some instances similar to the South African approach. For a distinct reason I have chosen a comparison between India and South Africa. The reason is that, each individual’s personal circumstances that are to benefit from affirmative action have to be assessed before affirmative action applies to them. Further that I do not agree with the fact that a group as a whole should benefit, therefore recommendations have been made.
- Full Text:
- Date Issued: 2019
- Authors: Weinand, Lorentia Leana
- Date: 2019
- Subjects: Affirmative action programs -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/44077 , vital:37105
- Description: The main aim of this thesis is to establish whether affirmative action is justified and to consider the limitations imposed thereon. Regard had to be made to the past position, as affirmative action emanated from the apartheid era. This paper provides for an extensive discussion of what affirmative action entails and compares the past position of unfair discrimination towards the current position of affirmative action. It is important to have regard to the Constitution, legislation and case law relating to the application of affirmative action. Within this paper reference to the Constitution, LRA, EEA, case law, academic writings and journal articles is made in order to evaluate on what basis affirmative action is founded, justified and limited. The approach used in terms of substantive equality based on the Van Heerden1 and Harksen v Lane2 judgments. Provision is made as to whom affirmative action applies to. The process of implementation of affirmative action is visited with a view to give guidance on how affirmative action should be implemented, what the short comings are in the public sector with the implementation process and to provide guidelines to achieve a positive and effective affirmative action in South Africa Because certain people regard affirmative action as reverse discrimination, the contrary had to be analysed by way of legislation and authority from case law in order to provide for the correct position. It would become apparent from this paper that affirmative action does not only apply to designated employees, after the Van Heerden Judgment the courts have developed their approach in a number of authorities for example in Alexandre v Provincial administration of the Western Cape Department of Health3. India makes use of affirmative action that is in some instances similar to the South African approach. For a distinct reason I have chosen a comparison between India and South Africa. The reason is that, each individual’s personal circumstances that are to benefit from affirmative action have to be assessed before affirmative action applies to them. Further that I do not agree with the fact that a group as a whole should benefit, therefore recommendations have been made.
- Full Text:
- Date Issued: 2019
Analysing the role of enterprise and supplier development within Mercedes Benz South Africa in improving their B-BBEE scorecard
- Authors: Silinga, Zukiswa
- Date: 2018
- Subjects: Affirmative action programs -- South Africa , Business enterprises, Black -- South Africa , Blacks -- South Africa -- Economic conditions , Employee empowerment -- South Africa , South Africa -- Economic policy
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/23208 , vital:30455
- Description: This research is born out of the realisation of the unique challenges that the Broad-Based Black Economic Empowerment (B-BBEE) policy required from the private sector in South Africa, with Enterprise and Supplier Development (ESD) being one of the components of the B-BBEE’s economic empowerment strategy. Over the years, the B-BBEE’s role has been one of ensuring that economic empowerment of historically disadvantaged individuals was addressed. The role of the B-BBEE policy is described as the framework that targets the reform of the economy, reduction of poverty and inequality and empowerment of those individuals that were historically disadvantaged (Patel & Graham, 2012, p. 194). The automotive industry is South Africa’s most important and largest sector, making a great contribution to the country’s GDP. It is responsible for the employment of many people in the country, including employment in the component manufacturers and tyre industry. With these linkages throughout the economy, the government has identified the automotive industry as a vital growth sector. Government is certain that this sector will address one of the major challenges for economic growth in South Africa, which is unemployment. In the year 2015, the B-BBEE Act was amended with new compliance requirements and this changed the B-BBEE rating of Mercedes Benz South Africa (MBSA), resulting in a reduction of the company’s rating. The changes to the standard, particularly the ownership component, resulted in challenges for multinational companies such as MBSA, and an opportunity to improve the rating was identified in the ESD component sector. If these new compliance requirements were not addressed by MBSA, a predictable reduction in B-BBEE status would occur, resulting in a loss of business with government and provision of government incentives. The objective of this research study was to analyse the role that ESD plays within MBSA in improving their B-BBEE scorecard, as part of its overall B-BBEE strategy. This study was sculpted on the concept that the role of ESD at MBSA is related to (a) preferential procurement, (b) skills transfer, and (c) mentoring and a detailed literature review was conducted for these variables as well as for ESD. In testing the above research objective, the researcher utilised statistical analysis methods to reach a conclusion with regard to the relationship of ESD to these variables. A positivistic research paradigm (quantitative) was selected in order to test the objective by using hypothesis testing. An empirical study was undertaken by means of a survey with a questionnaire utilised as a data collecting tool and distributed using the supplier database of MBSA. The aim of the questionnaire was to validate the outcomes obtained from the theoretical overview. Out of a sample of 116 respondents employed at the suppliers, only 92 responses were received, thus representing a 79% response rate, which is considered acceptable. The key findings of the study indicated that preferential procurement, skills development and mentoring play a significant role in the promotion of ESD. Preferential procurement indicated a stronger association than the other variables, and thus it was recommended that MBSA place importance on this variable. Based on these findings, recommendations were made to the management of MBSA in an effort to improve the ESD component of the B-BBEE score of the company. As a way of addressing some of the challenges automotive manufacturers face, suggestions for future research were made.
- Full Text:
- Date Issued: 2018
- Authors: Silinga, Zukiswa
- Date: 2018
- Subjects: Affirmative action programs -- South Africa , Business enterprises, Black -- South Africa , Blacks -- South Africa -- Economic conditions , Employee empowerment -- South Africa , South Africa -- Economic policy
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/23208 , vital:30455
- Description: This research is born out of the realisation of the unique challenges that the Broad-Based Black Economic Empowerment (B-BBEE) policy required from the private sector in South Africa, with Enterprise and Supplier Development (ESD) being one of the components of the B-BBEE’s economic empowerment strategy. Over the years, the B-BBEE’s role has been one of ensuring that economic empowerment of historically disadvantaged individuals was addressed. The role of the B-BBEE policy is described as the framework that targets the reform of the economy, reduction of poverty and inequality and empowerment of those individuals that were historically disadvantaged (Patel & Graham, 2012, p. 194). The automotive industry is South Africa’s most important and largest sector, making a great contribution to the country’s GDP. It is responsible for the employment of many people in the country, including employment in the component manufacturers and tyre industry. With these linkages throughout the economy, the government has identified the automotive industry as a vital growth sector. Government is certain that this sector will address one of the major challenges for economic growth in South Africa, which is unemployment. In the year 2015, the B-BBEE Act was amended with new compliance requirements and this changed the B-BBEE rating of Mercedes Benz South Africa (MBSA), resulting in a reduction of the company’s rating. The changes to the standard, particularly the ownership component, resulted in challenges for multinational companies such as MBSA, and an opportunity to improve the rating was identified in the ESD component sector. If these new compliance requirements were not addressed by MBSA, a predictable reduction in B-BBEE status would occur, resulting in a loss of business with government and provision of government incentives. The objective of this research study was to analyse the role that ESD plays within MBSA in improving their B-BBEE scorecard, as part of its overall B-BBEE strategy. This study was sculpted on the concept that the role of ESD at MBSA is related to (a) preferential procurement, (b) skills transfer, and (c) mentoring and a detailed literature review was conducted for these variables as well as for ESD. In testing the above research objective, the researcher utilised statistical analysis methods to reach a conclusion with regard to the relationship of ESD to these variables. A positivistic research paradigm (quantitative) was selected in order to test the objective by using hypothesis testing. An empirical study was undertaken by means of a survey with a questionnaire utilised as a data collecting tool and distributed using the supplier database of MBSA. The aim of the questionnaire was to validate the outcomes obtained from the theoretical overview. Out of a sample of 116 respondents employed at the suppliers, only 92 responses were received, thus representing a 79% response rate, which is considered acceptable. The key findings of the study indicated that preferential procurement, skills development and mentoring play a significant role in the promotion of ESD. Preferential procurement indicated a stronger association than the other variables, and thus it was recommended that MBSA place importance on this variable. Based on these findings, recommendations were made to the management of MBSA in an effort to improve the ESD component of the B-BBEE score of the company. As a way of addressing some of the challenges automotive manufacturers face, suggestions for future research were made.
- Full Text:
- Date Issued: 2018
Mechanisms for implementing affirmative action
- Authors: Nongogo, Nqabisa Thandazile
- Date: 2018
- Subjects: Affirmative action programs -- South Africa , Minorities -- Employment -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33475 , vital:32878
- Description: The aim of this study was to analyse the effective implementation of affirmative action. In South Africa. Affirmative action is seen as a means of correcting historical injustices and levelling the playing fields to enable all South Africans to gain equal access to opportunities from which they were previously restricted. This study observed that even though South Africa is now governed by a new democratic order historical workplace inequalities exists which still need to be addressed. Further it was noted that not only compelled to redress inequalities by the Constitution, the South African government was motivated by the ILO to enact laws that would prohibit discrimination and promote the economic advancement of the majority. Therefore, in an effort to narrow the gap between previously advantaged and disadvantaged individuals, the government passed a series of employment laws mandating, amongst other things, affirmative action. By doing so the South African government sought to ensure that all employers are compelled to take positive steps to redress disadvantage and inequality. Be that as it may, the study revealed that affirmative action is theoretically justifiable and has an important role in the achievement of equal opportunities and equality of outcome but in practice, various problems exist. Generally, the study reveals that notwithstanding the legislative framework of affirmative action in South Africa, inequalities continues to exist in employment, a clear signal of inadequate implementation of affirmative action. The study reveals that black people, women and unable persons are identified as primary victims of workplace inequalities. Continuity of work inequalities are statistically portrayed graphically in this year’s (2017) Quarterly Labour Force Survey (QLFS) conducted and published by Statistics South Africa on the Economically Active Population (EAP) still indicates no confidence to implementation of affirmative action measures nationwide. Reviews of implementation of affirmative action, recruitment strategies, retrenchment plans are strongly proposed to combat controversies and challenges surrounding the implementation of affirmative action. A sunset clause is highly recommended to projectize affirmative action. Similarly, with determined advocacy for affirmative action, the study anticipates progressive equality and sustainable justice in South African employment in the immediate future. Chapter five of this study recommends remedial measures to address the challenges and impediments for effective implementation of affirmative action.
- Full Text:
- Date Issued: 2018
- Authors: Nongogo, Nqabisa Thandazile
- Date: 2018
- Subjects: Affirmative action programs -- South Africa , Minorities -- Employment -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33475 , vital:32878
- Description: The aim of this study was to analyse the effective implementation of affirmative action. In South Africa. Affirmative action is seen as a means of correcting historical injustices and levelling the playing fields to enable all South Africans to gain equal access to opportunities from which they were previously restricted. This study observed that even though South Africa is now governed by a new democratic order historical workplace inequalities exists which still need to be addressed. Further it was noted that not only compelled to redress inequalities by the Constitution, the South African government was motivated by the ILO to enact laws that would prohibit discrimination and promote the economic advancement of the majority. Therefore, in an effort to narrow the gap between previously advantaged and disadvantaged individuals, the government passed a series of employment laws mandating, amongst other things, affirmative action. By doing so the South African government sought to ensure that all employers are compelled to take positive steps to redress disadvantage and inequality. Be that as it may, the study revealed that affirmative action is theoretically justifiable and has an important role in the achievement of equal opportunities and equality of outcome but in practice, various problems exist. Generally, the study reveals that notwithstanding the legislative framework of affirmative action in South Africa, inequalities continues to exist in employment, a clear signal of inadequate implementation of affirmative action. The study reveals that black people, women and unable persons are identified as primary victims of workplace inequalities. Continuity of work inequalities are statistically portrayed graphically in this year’s (2017) Quarterly Labour Force Survey (QLFS) conducted and published by Statistics South Africa on the Economically Active Population (EAP) still indicates no confidence to implementation of affirmative action measures nationwide. Reviews of implementation of affirmative action, recruitment strategies, retrenchment plans are strongly proposed to combat controversies and challenges surrounding the implementation of affirmative action. A sunset clause is highly recommended to projectize affirmative action. Similarly, with determined advocacy for affirmative action, the study anticipates progressive equality and sustainable justice in South African employment in the immediate future. Chapter five of this study recommends remedial measures to address the challenges and impediments for effective implementation of affirmative action.
- Full Text:
- Date Issued: 2018
An evaluation of affirmative action in public sector
- Authors: Myoli, Vuyiseka Marly
- Date: 2017
- Subjects: Affirmative action programs -- Law and legislation -- South Africa , Human rights -- South Africa , Affirmative action programs -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/14190 , vital:27443
- Description: The South African public service has been undergoing fundamental transformation since 1994. The new government has had to build a democratic, inclusive and responsive public sector to the extent that the last two decades have witnessed the most dramatic shifts in public reform. After 1994, the public sector had to be transformed so that it could be representative of the nation’s racial composition, caters for the needs of all citizens irrespective of their racial, ethnic, gender, sexual persuasion and orientation. The government agenda of reconstructing and developing a democratic state depends on the willingness, capabilities and patriotism of the public service. As part of its transformation agenda, the government had to introduce policies that were focusing on promoting affirmative action and employment equity. Through this policy and other related employment equity measures, the South African public sector had to be transformed in terms of racial and gender representivity. This study assesses and evaluates whether the policies and legislation that were geared towards the transformation and democratization of public sector have yielded positive or negative results. By way of a literature review and comparative analysis, this study examines the objectives of affirmative action and analyses the approaches that have been taken since the adoption of this policy in the workplace. It looks at public sector and argues that there are still flaws relating to the implementation of affirmative action in public sector. The extent to which affirmative action programs attempt to implement affirmative action differs if South Africa and the United States of America can be taken as examples. The study considers some of the challenges faced by the new South African government in transforming public sector and interrogates the courts’ application and interpretation of affirmative action legislation. It concludes with recommendations that could be put in place in order to position affirmative action policies in line with the objectives of the South African Constitution, labour laws and American approach where the policy was adopted from.
- Full Text:
- Date Issued: 2017
- Authors: Myoli, Vuyiseka Marly
- Date: 2017
- Subjects: Affirmative action programs -- Law and legislation -- South Africa , Human rights -- South Africa , Affirmative action programs -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/14190 , vital:27443
- Description: The South African public service has been undergoing fundamental transformation since 1994. The new government has had to build a democratic, inclusive and responsive public sector to the extent that the last two decades have witnessed the most dramatic shifts in public reform. After 1994, the public sector had to be transformed so that it could be representative of the nation’s racial composition, caters for the needs of all citizens irrespective of their racial, ethnic, gender, sexual persuasion and orientation. The government agenda of reconstructing and developing a democratic state depends on the willingness, capabilities and patriotism of the public service. As part of its transformation agenda, the government had to introduce policies that were focusing on promoting affirmative action and employment equity. Through this policy and other related employment equity measures, the South African public sector had to be transformed in terms of racial and gender representivity. This study assesses and evaluates whether the policies and legislation that were geared towards the transformation and democratization of public sector have yielded positive or negative results. By way of a literature review and comparative analysis, this study examines the objectives of affirmative action and analyses the approaches that have been taken since the adoption of this policy in the workplace. It looks at public sector and argues that there are still flaws relating to the implementation of affirmative action in public sector. The extent to which affirmative action programs attempt to implement affirmative action differs if South Africa and the United States of America can be taken as examples. The study considers some of the challenges faced by the new South African government in transforming public sector and interrogates the courts’ application and interpretation of affirmative action legislation. It concludes with recommendations that could be put in place in order to position affirmative action policies in line with the objectives of the South African Constitution, labour laws and American approach where the policy was adopted from.
- Full Text:
- Date Issued: 2017
Gender-based affirmative action in the appointment of High Court judges
- Authors: Van Heerden, Anneli
- Date: 2017
- Subjects: Affirmative action programs -- South Africa , Women judges Sex discrimination against women -- Employment -- South Africa Women -- Employment -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/21263 , vital:29468
- Description: The legitimacy of the judiciary is dependent on the racial and gender diversity of the courts. As a result of the oppressive policies imposed by the apartheid government, the High Court judiciary in 1994 was composed almost exclusively of white men. Judges were appointed at the behest of the executive arm of government and political considerations undoubtedly played a role in the selection process. As a result, the integrity of the judiciary was severely compromised in that the composition was entirely unrepresentative of the population it served, and they were appointed in order to further the strict racial policies of the apartheid government. The Constitution of the Republic of South Africa came into being through multi-party negotiations and is to form the basis of a complete transformation of the South African society. In a clear move away from the judicial appointments procedure of the past, the Constitution specifies that judges are to be selected by the Judicial Services Commission which is an independent body composed of members from all three branches of the government. In its selection, the JSC is guided by section 174(2) of the Constitution which requires that the racial and gender demographics of the judiciary must be considered when judges are appointed so as to make the bench broadly reflective of the South Africa population. Systemic discrimination of the past denied women the opportunity to gain the necessary knowledge and experience to be eligible for appointment to the bench. Special measures are therefore needed to advance women’s career path to the judiciary. In 2010, the Judicial Services Commission adopted selection criteria to be considered when shortlisting and selecting candidates to be recommended to the President for judicial appointment. Included in these criteria is the consideration of symbolism and potential. Special measures to advance persons who were previously disadvantaged by discriminatory practices are permissible in terms of section 9(2) of the Constitution. It recognises that true substantive equality will not be achieved without special measures aimed at remedying to disadvantage still felt by many people in South Africa, including women. The imposition of such measures does, however, have limitations. In the judiciary, specifically, demographic considerations can not be the primary consideration when judges are appointed. This could lead to a judiciary that is incapable to dispense justice to the population it serves because it does not have the required skill, knowledge and experience. On the other hand, if judges are appointed solely on technical merit, the judiciary is likely to remain male-dominated. The JSC therefore has to carefully balance the need for demographic transformation of the judiciary with the need to appoint technically competent judges. In Minister of Finance v van Heerden, the Constitutional Court laid down three requirements which remedial measures must meet in order to pass constitutional muster. Firstly, the beneficiaries targeted by the remedial measure must be persons who have been discriminated against in the past. Secondly, it must be designed to protect or advance previously disadvantaged persons. Lastly, the remedial measures must promote the achievement of equality in the long term. Once a measures meets all three of these requirements, it is not considered to be unfair discrimination against previously advantaged persons who do not stand to benefit from the measure in question. To safeguard the independence of the judiciary, judges are not considered to be employees of the state. This means that the provisions contained in labour legislation which requires the adoption of a formal employment equity plan when imposing affirmative action measures is not directly applicable to the appointment of judges. The Promotion of Equality and Prevention of Unfair Discrimination Act envisages the adoption of equality plans in all spheres not governed by labour legislation. These provisions are, however, not yet in force. As a result, there is no legislation that requires the Judicial Services Commission to adopt a formal affirmative action policy, and appointments made to address the gender imbalances on the judiciary are made on an ad hoc basis which runs counter to the test formulated in van Heerden. A related problem is that the Judicial Services Commission has not given sufficient content on the criteria needed for judicial appointment. For instance, even though the Judicial Services Commission does consider the technical competence, it has not published any guidance as to what is considered to be the minimum threshold of formal qualifications or experience needed to be appointed to judicial office. This has led many people to speculate that certain judges are appointed for ulterior purposes or, alternatively, that there exists some racial or gender bias within the Judicial Services Commission. This holds unfortunate consequences for the perceived legitimacy of the judiciary and strengthens the call for more structure and clarity in the appointment of judges.
- Full Text:
- Date Issued: 2017
- Authors: Van Heerden, Anneli
- Date: 2017
- Subjects: Affirmative action programs -- South Africa , Women judges Sex discrimination against women -- Employment -- South Africa Women -- Employment -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/21263 , vital:29468
- Description: The legitimacy of the judiciary is dependent on the racial and gender diversity of the courts. As a result of the oppressive policies imposed by the apartheid government, the High Court judiciary in 1994 was composed almost exclusively of white men. Judges were appointed at the behest of the executive arm of government and political considerations undoubtedly played a role in the selection process. As a result, the integrity of the judiciary was severely compromised in that the composition was entirely unrepresentative of the population it served, and they were appointed in order to further the strict racial policies of the apartheid government. The Constitution of the Republic of South Africa came into being through multi-party negotiations and is to form the basis of a complete transformation of the South African society. In a clear move away from the judicial appointments procedure of the past, the Constitution specifies that judges are to be selected by the Judicial Services Commission which is an independent body composed of members from all three branches of the government. In its selection, the JSC is guided by section 174(2) of the Constitution which requires that the racial and gender demographics of the judiciary must be considered when judges are appointed so as to make the bench broadly reflective of the South Africa population. Systemic discrimination of the past denied women the opportunity to gain the necessary knowledge and experience to be eligible for appointment to the bench. Special measures are therefore needed to advance women’s career path to the judiciary. In 2010, the Judicial Services Commission adopted selection criteria to be considered when shortlisting and selecting candidates to be recommended to the President for judicial appointment. Included in these criteria is the consideration of symbolism and potential. Special measures to advance persons who were previously disadvantaged by discriminatory practices are permissible in terms of section 9(2) of the Constitution. It recognises that true substantive equality will not be achieved without special measures aimed at remedying to disadvantage still felt by many people in South Africa, including women. The imposition of such measures does, however, have limitations. In the judiciary, specifically, demographic considerations can not be the primary consideration when judges are appointed. This could lead to a judiciary that is incapable to dispense justice to the population it serves because it does not have the required skill, knowledge and experience. On the other hand, if judges are appointed solely on technical merit, the judiciary is likely to remain male-dominated. The JSC therefore has to carefully balance the need for demographic transformation of the judiciary with the need to appoint technically competent judges. In Minister of Finance v van Heerden, the Constitutional Court laid down three requirements which remedial measures must meet in order to pass constitutional muster. Firstly, the beneficiaries targeted by the remedial measure must be persons who have been discriminated against in the past. Secondly, it must be designed to protect or advance previously disadvantaged persons. Lastly, the remedial measures must promote the achievement of equality in the long term. Once a measures meets all three of these requirements, it is not considered to be unfair discrimination against previously advantaged persons who do not stand to benefit from the measure in question. To safeguard the independence of the judiciary, judges are not considered to be employees of the state. This means that the provisions contained in labour legislation which requires the adoption of a formal employment equity plan when imposing affirmative action measures is not directly applicable to the appointment of judges. The Promotion of Equality and Prevention of Unfair Discrimination Act envisages the adoption of equality plans in all spheres not governed by labour legislation. These provisions are, however, not yet in force. As a result, there is no legislation that requires the Judicial Services Commission to adopt a formal affirmative action policy, and appointments made to address the gender imbalances on the judiciary are made on an ad hoc basis which runs counter to the test formulated in van Heerden. A related problem is that the Judicial Services Commission has not given sufficient content on the criteria needed for judicial appointment. For instance, even though the Judicial Services Commission does consider the technical competence, it has not published any guidance as to what is considered to be the minimum threshold of formal qualifications or experience needed to be appointed to judicial office. This has led many people to speculate that certain judges are appointed for ulterior purposes or, alternatively, that there exists some racial or gender bias within the Judicial Services Commission. This holds unfortunate consequences for the perceived legitimacy of the judiciary and strengthens the call for more structure and clarity in the appointment of judges.
- Full Text:
- Date Issued: 2017
The application of BEE legislation on employment
- Authors: Loock, Madelaine
- Date: 2017
- Subjects: Business enterprises -- Law and legislation -- South Africa , Affirmative action programs -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/17990 , vital:28551
- Description: BBBEE is currently on everyone’s minds and the uncertainty surrounding the changes to the Codes of Good Practice as well as the Sector Codes leaves business owner’s with a feeling of uncomfortable anticipation. The changes to the Codes of Good Practice has set the tone and most of the Sector Codes are being modelled around the Codes. Business owners will have to adapt to the changes and plan in advance in order to avoid being without a compliant BEE certificate. This will entail a strategic analysis of the company’s financial position as well as a strategic BEE plan for the 12 months they will be rated on.
- Full Text:
- Date Issued: 2017
- Authors: Loock, Madelaine
- Date: 2017
- Subjects: Business enterprises -- Law and legislation -- South Africa , Affirmative action programs -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/17990 , vital:28551
- Description: BBBEE is currently on everyone’s minds and the uncertainty surrounding the changes to the Codes of Good Practice as well as the Sector Codes leaves business owner’s with a feeling of uncomfortable anticipation. The changes to the Codes of Good Practice has set the tone and most of the Sector Codes are being modelled around the Codes. Business owners will have to adapt to the changes and plan in advance in order to avoid being without a compliant BEE certificate. This will entail a strategic analysis of the company’s financial position as well as a strategic BEE plan for the 12 months they will be rated on.
- Full Text:
- Date Issued: 2017
Inherent requirements of a job as a defence to unfair discrimination
- Authors: Le Roux, André
- Date: 2015
- Subjects: Unfair labor practices -- South Africa , Affirmative action programs -- South Africa , Discrimination in employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/8757 , vital:26427
- Description: Equality is a fundamental constitutional value in the Constitution. Formal equality presupposes that all persons are equal bearers of rights and that inequality can be eliminated by extending the same rights to all. Formal equality is blind to social and economic differences between groups and individuals. Substantive equality, on the other hand, is receptive to entrenched, structural inequality, meaning that the equality clause of the Constitution must be read as founded on a substantive concept of equality. An employer can utilise the defence of an inherent requirement of a job in the case of an unfair-discrimination claim since the defence is available in terms of both the Employment Equity Act, in respect of employment discrimination, and the Labour Relations Act in respect of discriminatory dismissals. The defence is narrow in that only essential duties of a particular job will be taken into account to determine inherent requirements of a particular job. Reported judgments where this defence is used are scant. What makes the defence more onerous is that an employer has to show that the particular employee could not be reasonably accommodated, before the inherent-requirement defence will succeed. It is integral to the determination of whether there was unfair discrimination and whether such discrimination was justifiable. An important debate in our discrimination law relates to the question of whether any significance should be attached to the fact that only unfair discrimination is outlawed. Neither of the aforementioned pieces of legislation clearly state that affirmative action or an inherent requirement of a job are the only defences available to employers. Where these two defences are found to be not applicable, may the fairness be decided in terms of a general fairness defence? This question is also addressed in the present treatise. It is submitted that foreign law is a valuable interpretive tool, provided it is used wisely, in that judgments originating from courts and tribunals in the United Kingdom and Canada may assist to provide an understanding of the issues central to employment discrimination law and the parameters of the defence of inherent requirements of the job. Thus, in developing employment discrimination law in South Africa, consideration of foreign jurisprudence may prove informative.
- Full Text:
- Date Issued: 2015
- Authors: Le Roux, André
- Date: 2015
- Subjects: Unfair labor practices -- South Africa , Affirmative action programs -- South Africa , Discrimination in employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/8757 , vital:26427
- Description: Equality is a fundamental constitutional value in the Constitution. Formal equality presupposes that all persons are equal bearers of rights and that inequality can be eliminated by extending the same rights to all. Formal equality is blind to social and economic differences between groups and individuals. Substantive equality, on the other hand, is receptive to entrenched, structural inequality, meaning that the equality clause of the Constitution must be read as founded on a substantive concept of equality. An employer can utilise the defence of an inherent requirement of a job in the case of an unfair-discrimination claim since the defence is available in terms of both the Employment Equity Act, in respect of employment discrimination, and the Labour Relations Act in respect of discriminatory dismissals. The defence is narrow in that only essential duties of a particular job will be taken into account to determine inherent requirements of a particular job. Reported judgments where this defence is used are scant. What makes the defence more onerous is that an employer has to show that the particular employee could not be reasonably accommodated, before the inherent-requirement defence will succeed. It is integral to the determination of whether there was unfair discrimination and whether such discrimination was justifiable. An important debate in our discrimination law relates to the question of whether any significance should be attached to the fact that only unfair discrimination is outlawed. Neither of the aforementioned pieces of legislation clearly state that affirmative action or an inherent requirement of a job are the only defences available to employers. Where these two defences are found to be not applicable, may the fairness be decided in terms of a general fairness defence? This question is also addressed in the present treatise. It is submitted that foreign law is a valuable interpretive tool, provided it is used wisely, in that judgments originating from courts and tribunals in the United Kingdom and Canada may assist to provide an understanding of the issues central to employment discrimination law and the parameters of the defence of inherent requirements of the job. Thus, in developing employment discrimination law in South Africa, consideration of foreign jurisprudence may prove informative.
- Full Text:
- Date Issued: 2015
Factors affecting the impact of BEE strategies in enhancing previously disadvantaged beneficiaries in Manquma Local Municipality
- Authors: Bota, Patrick Mziwoxolo
- Date: 2013
- Subjects: Affirmative action programs -- South Africa , Blacks -- South Africa -- Economic conditions , Municipal government -- South Africa , Economic development
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9174 , http://hdl.handle.net/10948/d1020115
- Description: This research project is about the “Factors Affecting the impact of Black Economic Empowerment strategies in enhancing previously disadvantaged beneficiaries in Mnquma Local Municipality.” The purpose is to examine the challenges faced by previously disadvantaged beneficiaries so as to emerge with new innovative BEE mechanisms that can be implemented to improve the situation faced by beneficiaries for the better. To achieve this objective, it was necessary to study the iterature of “Black Economic Empowerment” which is part of the Local Economic Development initiatives. In order to attain the main objective of the study and also to address the research problem face to face interviews were conducted with previously disadvantaged beneficiaries, Local Economic Development officials and councillors from five different wards of Mnquma Local Municipality. The literature review and the interviews helped one to come up with the recommendations to be adopted in order to remedy the situation of the beneficiaries. These recommendations will, hopefully, be of assistance to Mnquma Local Municipality. Findings of this study indicate that challenges faced by previously disadvantaged beneficiaries include: fronting, lack of finance, skills shortage like technical, management, budgeting and saving skills, absence of training workshops, and lack of support on SMMEs development as well as poor implementation of BEE policy by Local Economic Development Unit. The aforesaid challenges have negative effects on the implementation of BEE strategies which adversely affect the beneficiaries. Here are some of the recommendations made in this regard: support and assistance for previously disadvantaged beneficiaries like financial assistance, Khula financial schemes, bank loans, training and workshops, establishment of agricultural projects as well as assistance on coordination of co-operatives initiatives. Other recommendations provide possible solutions to these problems: corruption, nepotism and cadreship deployment. In order to act against these transgressions the following suggestions have been made in the study: containment of fronting, development of heritage and historical sites for tourists’ purposes, recommendation on BEE management strategies and also recommendation on business registration and licensing. The study concludes that if the Mnquma Local Municipality can execute all the proposed recommendations, all the factors raised as the stumbling block towards the success and beneficiary of the previously disadvantaged beneficiaries would be resolved.
- Full Text:
- Date Issued: 2013
- Authors: Bota, Patrick Mziwoxolo
- Date: 2013
- Subjects: Affirmative action programs -- South Africa , Blacks -- South Africa -- Economic conditions , Municipal government -- South Africa , Economic development
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9174 , http://hdl.handle.net/10948/d1020115
- Description: This research project is about the “Factors Affecting the impact of Black Economic Empowerment strategies in enhancing previously disadvantaged beneficiaries in Mnquma Local Municipality.” The purpose is to examine the challenges faced by previously disadvantaged beneficiaries so as to emerge with new innovative BEE mechanisms that can be implemented to improve the situation faced by beneficiaries for the better. To achieve this objective, it was necessary to study the iterature of “Black Economic Empowerment” which is part of the Local Economic Development initiatives. In order to attain the main objective of the study and also to address the research problem face to face interviews were conducted with previously disadvantaged beneficiaries, Local Economic Development officials and councillors from five different wards of Mnquma Local Municipality. The literature review and the interviews helped one to come up with the recommendations to be adopted in order to remedy the situation of the beneficiaries. These recommendations will, hopefully, be of assistance to Mnquma Local Municipality. Findings of this study indicate that challenges faced by previously disadvantaged beneficiaries include: fronting, lack of finance, skills shortage like technical, management, budgeting and saving skills, absence of training workshops, and lack of support on SMMEs development as well as poor implementation of BEE policy by Local Economic Development Unit. The aforesaid challenges have negative effects on the implementation of BEE strategies which adversely affect the beneficiaries. Here are some of the recommendations made in this regard: support and assistance for previously disadvantaged beneficiaries like financial assistance, Khula financial schemes, bank loans, training and workshops, establishment of agricultural projects as well as assistance on coordination of co-operatives initiatives. Other recommendations provide possible solutions to these problems: corruption, nepotism and cadreship deployment. In order to act against these transgressions the following suggestions have been made in the study: containment of fronting, development of heritage and historical sites for tourists’ purposes, recommendation on BEE management strategies and also recommendation on business registration and licensing. The study concludes that if the Mnquma Local Municipality can execute all the proposed recommendations, all the factors raised as the stumbling block towards the success and beneficiary of the previously disadvantaged beneficiaries would be resolved.
- Full Text:
- Date Issued: 2013
Investigating the implementation of the employment equity plan at Amatola Water Board in the province of the Eastern Cape
- Authors: Gotyi, Zamikhaya Gladwell
- Date: 2012
- Subjects: South Africa -- Amatola Water Board , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8280 , http://hdl.handle.net/10948/d1016268
- Description: With the advent of democracy in South Africa in the early 1990s, the new government had to introduce major social, economic and political changes in order to undo the damages inflicted by many years of both colonialism and apartheid. These changes included the scrapping of discriminatory legislations and drafting of new laws to regulate employment practices. Amongst the pieces of legislation that the new South African government put in place, the Employment Equity Act, (Act 55 of 1998) was a major turning point in the elimination of discrimination at the workplace and redressing the injustices of the previous regimes. The Act is aimed at regulating the employment practices in an attempt to make the workplace a true reflection of the South African demographics. As a result, the promulgation of the Act had a major impact on the organisations in South Africa and has affected the way they now do business. Although the Act has been in existence for 14 years, progress in the implementation of employment equity and affirmative action in organisations in South Africa has been far less significant, particularly in the representation of women in managerial positions. In South Africa, an overwhelming majority of managerial positions are still occupied by men, with marginal women occupying management positions. Thus, women are still experiencing discrimination and under-representation at the workplace. Noting this trend at Amatola Water Board, the researcher decided to investigate the extent of progress the organisation has achieved in the implementation of its Employment Equity Plan 2009-2014. The objectives of the study were to identify factors that could assist the organisation to effectively implement the Plan, identify the impediments that pose challenges to effective implementation of the Plan in the organisation, and establish the perceptions of employees on the implementation of the Plan in the organisation. To collect data for the study, the researcher used a qualitative research approach. In this regard, the researcher used questionnaires and interviews to collect qualitative data. A sample of fifty employees was selected for the administration of questionnaires and four additional employees were selected for interviews. Both samples were selected by purposive sampling. The study has established that employment equity is still a challenge that South African organisations are struggling to implement. The study has revealed that, at Amatola Water Board, there are indeed various factors that contribute to the low representation of women in managerial positions. These factors include the lack of management support for the implementation of the Employment Equity Plan, recruitment processes that fail to recruit sufficient numbers of qualified applicants, training and development practices that fail to produce the required number of qualified employees, unconducive organisational culture, veiled racial and gender stereotypes, and inadequate communication. Suggestions and recommendations to address these challenges have been espoused.
- Full Text:
- Date Issued: 2012
- Authors: Gotyi, Zamikhaya Gladwell
- Date: 2012
- Subjects: South Africa -- Amatola Water Board , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8280 , http://hdl.handle.net/10948/d1016268
- Description: With the advent of democracy in South Africa in the early 1990s, the new government had to introduce major social, economic and political changes in order to undo the damages inflicted by many years of both colonialism and apartheid. These changes included the scrapping of discriminatory legislations and drafting of new laws to regulate employment practices. Amongst the pieces of legislation that the new South African government put in place, the Employment Equity Act, (Act 55 of 1998) was a major turning point in the elimination of discrimination at the workplace and redressing the injustices of the previous regimes. The Act is aimed at regulating the employment practices in an attempt to make the workplace a true reflection of the South African demographics. As a result, the promulgation of the Act had a major impact on the organisations in South Africa and has affected the way they now do business. Although the Act has been in existence for 14 years, progress in the implementation of employment equity and affirmative action in organisations in South Africa has been far less significant, particularly in the representation of women in managerial positions. In South Africa, an overwhelming majority of managerial positions are still occupied by men, with marginal women occupying management positions. Thus, women are still experiencing discrimination and under-representation at the workplace. Noting this trend at Amatola Water Board, the researcher decided to investigate the extent of progress the organisation has achieved in the implementation of its Employment Equity Plan 2009-2014. The objectives of the study were to identify factors that could assist the organisation to effectively implement the Plan, identify the impediments that pose challenges to effective implementation of the Plan in the organisation, and establish the perceptions of employees on the implementation of the Plan in the organisation. To collect data for the study, the researcher used a qualitative research approach. In this regard, the researcher used questionnaires and interviews to collect qualitative data. A sample of fifty employees was selected for the administration of questionnaires and four additional employees were selected for interviews. Both samples were selected by purposive sampling. The study has established that employment equity is still a challenge that South African organisations are struggling to implement. The study has revealed that, at Amatola Water Board, there are indeed various factors that contribute to the low representation of women in managerial positions. These factors include the lack of management support for the implementation of the Employment Equity Plan, recruitment processes that fail to recruit sufficient numbers of qualified applicants, training and development practices that fail to produce the required number of qualified employees, unconducive organisational culture, veiled racial and gender stereotypes, and inadequate communication. Suggestions and recommendations to address these challenges have been espoused.
- Full Text:
- Date Issued: 2012
Unfair discrimination and affirmative action in the South African Police Service
- Authors: Taylor, Nicola
- Date: 2012
- Subjects: Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , South African Police
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/8693 , vital:26421
- Description: Affirmative action is the purposeful, planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.
- Full Text: false
- Date Issued: 2012
- Authors: Taylor, Nicola
- Date: 2012
- Subjects: Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , South African Police
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/8693 , vital:26421
- Description: Affirmative action is the purposeful, planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.
- Full Text: false
- Date Issued: 2012
Managing the perceptions about affirmitive action (AA)
- Authors: Swartbooi, Aurick Devlin
- Date: 2010
- Subjects: Affirmative action programs -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8684 , http://hdl.handle.net/10948/1120 , Affirmative action programs -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Description: The main research problem focused on the effective management of the perceptions about Affirmative Action (AA). A literature study and a survey were conducted to investigate the extent and nature of perceptions, the effect of these perceptions on labour and personal relations, current and suggested management practice of the perceptions of AA. A definition of AA, earlier measures of AA, the implementation of AA in the South African context, the stages of AA, theories, relevant legislation, perceptions and the management thereof are discussed. The survey was conducted at the George and Beaufort West District offices of the Department of Rural Development and Land Reform (DRDLR) with a response rate of 78.95 percent. The perceptions about AA can be managed effectively by complying with legislation, by involving and making all levels of employees responsible for the achievement of employment equity, skills development, personal development, consultation and communication.
- Full Text:
- Date Issued: 2010
- Authors: Swartbooi, Aurick Devlin
- Date: 2010
- Subjects: Affirmative action programs -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8684 , http://hdl.handle.net/10948/1120 , Affirmative action programs -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Description: The main research problem focused on the effective management of the perceptions about Affirmative Action (AA). A literature study and a survey were conducted to investigate the extent and nature of perceptions, the effect of these perceptions on labour and personal relations, current and suggested management practice of the perceptions of AA. A definition of AA, earlier measures of AA, the implementation of AA in the South African context, the stages of AA, theories, relevant legislation, perceptions and the management thereof are discussed. The survey was conducted at the George and Beaufort West District offices of the Department of Rural Development and Land Reform (DRDLR) with a response rate of 78.95 percent. The perceptions about AA can be managed effectively by complying with legislation, by involving and making all levels of employees responsible for the achievement of employment equity, skills development, personal development, consultation and communication.
- Full Text:
- Date Issued: 2010
The impact of affirmative action on overseas employment decision of final year students
- Authors: Gouws, Renaldo
- Date: 2010
- Subjects: Affirmative action programs -- South Africa , Brain drain -- South Africa , Reverse discrimination in employment -- South Africa , Employment in foreign countries , Students -- Employment
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9399 , http://hdl.handle.net/10948/1241 , Affirmative action programs -- South Africa , Brain drain -- South Africa , Reverse discrimination in employment -- South Africa , Employment in foreign countries , Students -- Employment
- Description: Economical and educational problems are caused by the reversed effect of the Employment Equity Act and Affirmative Action. One such problem is called “brain drain” (Lundy, 2006), The general aim of the research was to determine whether affirmative action caused final year students of the Nelson Mandela Metropolitan University to consider overseas employment. A literature study was conducted before the empirical objectives were reached. The empirical study was of a quantitative descriptive and inferential nature. A cross-sectional survey design was used to achieve the empirical objectives. A self- administered survey package was handed out to final year students within the various disciplines at their various classes. One hypothesis was tested. The results indicated that support was found for the hypothesis. The findings are discussed in relation to the data gathered. The implications of the research and the limitations of the study are outlined in the Results chapter.
- Full Text:
- Date Issued: 2010
- Authors: Gouws, Renaldo
- Date: 2010
- Subjects: Affirmative action programs -- South Africa , Brain drain -- South Africa , Reverse discrimination in employment -- South Africa , Employment in foreign countries , Students -- Employment
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9399 , http://hdl.handle.net/10948/1241 , Affirmative action programs -- South Africa , Brain drain -- South Africa , Reverse discrimination in employment -- South Africa , Employment in foreign countries , Students -- Employment
- Description: Economical and educational problems are caused by the reversed effect of the Employment Equity Act and Affirmative Action. One such problem is called “brain drain” (Lundy, 2006), The general aim of the research was to determine whether affirmative action caused final year students of the Nelson Mandela Metropolitan University to consider overseas employment. A literature study was conducted before the empirical objectives were reached. The empirical study was of a quantitative descriptive and inferential nature. A cross-sectional survey design was used to achieve the empirical objectives. A self- administered survey package was handed out to final year students within the various disciplines at their various classes. One hypothesis was tested. The results indicated that support was found for the hypothesis. The findings are discussed in relation to the data gathered. The implications of the research and the limitations of the study are outlined in the Results chapter.
- Full Text:
- Date Issued: 2010
An analysis of development strategies aimed at meeting employment equity objectives within Medscheme
- Authors: Groenewald, Annaline
- Date: 2006
- Subjects: Medscheme (Firm) , Affirmative action programs -- South Africa , Employees -- Training of -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8554 , http://hdl.handle.net/10948/515 , Medscheme (Firm) , Affirmative action programs -- South Africa , Employees -- Training of -- South Africa
- Description: South Africa has undergone major social and political changes over the past two decades. In addition, new legislation in the form of the Employment Equity Act (No. 55 of 1998), which regulates employment practices in an attempt to make the workplace a true reflection of the South African population, was introduced to employers. The implementation of this Act has a major impact on organisations in South Africa and definitely influences the way in which they do business. Organisations, large and small, in every sector are being squeezed in all dimensions. They compete for customers whose expectations of quality, price and service are constantly increasing. Throughout the world, education, training and equitable working practices are recognised as essential ingredients to compete successfully and to ensure high performance practices. This research paper investigates whether the employee development strategies at Medscheme (the organisation selected for this study) are aimed at meeting employment equity objectives. An important reason for the investigation is that globalisation and the need for organisations to gain sustainable competitive advantage require new and different approaches for the recruitment, training, development and retention of employees with key skills. The key to success will, however, be for organisations in South Africa to find a middle way between ensuring equity, while remaining competitive. In order to achieve the objective of the research, the following approach was followed: Firstly, a comprehensive literature study was conducted to determine the legislative basis for equity and employee development; Secondly, a survey of literature dealing specifically with employee development initiatives available to organisations was conducted; Thirdly, the views of the employees within Medscheme were obtained to determine to what extent the organisation implemented the Employment Equity Act and what development strategies are used to facilitate the Abstract iv development of individuals from the previously disadvantaged designated groups to equip them for future positions in senior and top management; and, Lastly, the responses to the questionnaire were analysed to determine the extent to which Medscheme’s employee development strategies support the objectives of the Employment Equity Act.
- Full Text:
- Date Issued: 2006
An analysis of development strategies aimed at meeting employment equity objectives within Medscheme
- Authors: Groenewald, Annaline
- Date: 2006
- Subjects: Medscheme (Firm) , Affirmative action programs -- South Africa , Employees -- Training of -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8554 , http://hdl.handle.net/10948/515 , Medscheme (Firm) , Affirmative action programs -- South Africa , Employees -- Training of -- South Africa
- Description: South Africa has undergone major social and political changes over the past two decades. In addition, new legislation in the form of the Employment Equity Act (No. 55 of 1998), which regulates employment practices in an attempt to make the workplace a true reflection of the South African population, was introduced to employers. The implementation of this Act has a major impact on organisations in South Africa and definitely influences the way in which they do business. Organisations, large and small, in every sector are being squeezed in all dimensions. They compete for customers whose expectations of quality, price and service are constantly increasing. Throughout the world, education, training and equitable working practices are recognised as essential ingredients to compete successfully and to ensure high performance practices. This research paper investigates whether the employee development strategies at Medscheme (the organisation selected for this study) are aimed at meeting employment equity objectives. An important reason for the investigation is that globalisation and the need for organisations to gain sustainable competitive advantage require new and different approaches for the recruitment, training, development and retention of employees with key skills. The key to success will, however, be for organisations in South Africa to find a middle way between ensuring equity, while remaining competitive. In order to achieve the objective of the research, the following approach was followed: Firstly, a comprehensive literature study was conducted to determine the legislative basis for equity and employee development; Secondly, a survey of literature dealing specifically with employee development initiatives available to organisations was conducted; Thirdly, the views of the employees within Medscheme were obtained to determine to what extent the organisation implemented the Employment Equity Act and what development strategies are used to facilitate the Abstract iv development of individuals from the previously disadvantaged designated groups to equip them for future positions in senior and top management; and, Lastly, the responses to the questionnaire were analysed to determine the extent to which Medscheme’s employee development strategies support the objectives of the Employment Equity Act.
- Full Text:
- Date Issued: 2006
An investigation into the progress made towards achieving employment equity at Calsonic Kansei South Africa (PTY) Limited in terms of the Employment Equity Act no. 55 of 1998
- Authors: Ring, Grant
- Date: 2002
- Subjects: Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10895 , http://hdl.handle.net/10948/104 , Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Description: The key aspect to stimulating economic and individual growth in the workplace has been shown in numerous case studies to be the removal of discrimination. Affirmative Action looks at dealing with, and making amends for past injustices, as well as moving towards equal employment opportunities in a constructive manner. It is about recognizing that people are inherently different whilst trying to achieve a “colour – blind” society. The Employment Equity Act No. 55 of 1998 was put in place by Government to facilitate the implementation of fair workplace practices, which will correct the imbalances of the past as well as creating a workforce, which reflects the demographics of South Africa. The inequalities in employment patterns and practices with respect to access to employment, training, promotion and equitable remuneration especially for black people, women and people with disabilities are addressed in the said Act. The Employment Equity Act is quite specific about the minimum requirements of an organisation’s Employment Equity Plan, which make it easy to identify what progress is being made towards ending discrimination in the workplace. The minimum penalty for contravening the Employment Equity Act is R500 000 and the maximum is R900 000. The question arises as to whether South African organisations are merely implementing Employment Equity policies to adhere to the basic requirements and deadlines of the Act. Or, are these policies genuinely based on commitment to the principles of equality and equal opportunity for all in the workplace. Calsonic Kansei South Africa has put into place various training and succession plans, which will help to achieve the organizational goal of being more equitable in terms of the Employment Equity Act. Employment agency databases have also been analysed to determine the availability of suitably qualified Affirmative Action employees. In this paper the writer will investigate the progress that Calsonic Kansei South Africa has made towards achieving Employment Equity in relation to other organisations within the same industry.
- Full Text:
- Date Issued: 2002
- Authors: Ring, Grant
- Date: 2002
- Subjects: Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10895 , http://hdl.handle.net/10948/104 , Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Description: The key aspect to stimulating economic and individual growth in the workplace has been shown in numerous case studies to be the removal of discrimination. Affirmative Action looks at dealing with, and making amends for past injustices, as well as moving towards equal employment opportunities in a constructive manner. It is about recognizing that people are inherently different whilst trying to achieve a “colour – blind” society. The Employment Equity Act No. 55 of 1998 was put in place by Government to facilitate the implementation of fair workplace practices, which will correct the imbalances of the past as well as creating a workforce, which reflects the demographics of South Africa. The inequalities in employment patterns and practices with respect to access to employment, training, promotion and equitable remuneration especially for black people, women and people with disabilities are addressed in the said Act. The Employment Equity Act is quite specific about the minimum requirements of an organisation’s Employment Equity Plan, which make it easy to identify what progress is being made towards ending discrimination in the workplace. The minimum penalty for contravening the Employment Equity Act is R500 000 and the maximum is R900 000. The question arises as to whether South African organisations are merely implementing Employment Equity policies to adhere to the basic requirements and deadlines of the Act. Or, are these policies genuinely based on commitment to the principles of equality and equal opportunity for all in the workplace. Calsonic Kansei South Africa has put into place various training and succession plans, which will help to achieve the organizational goal of being more equitable in terms of the Employment Equity Act. Employment agency databases have also been analysed to determine the availability of suitably qualified Affirmative Action employees. In this paper the writer will investigate the progress that Calsonic Kansei South Africa has made towards achieving Employment Equity in relation to other organisations within the same industry.
- Full Text:
- Date Issued: 2002
A study of affirmative action policies practised by members of the East Cape Master Builders and Allied Industries Association
- Authors: Katz, Joel
- Date: 2001
- Subjects: Affirmative action programs -- South Africa
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10946 , http://hdl.handle.net/10948/d1011326 , Affirmative action programs -- South Africa
- Description: The research problem addressed in this study, was to determine what affirmative action policies are being practiced by members of the East Cape Master Builders and Allied Industries Association. To achieve this objective, a literature study was conducted to cite and evaluate relevant literature, in the process of presenting the most theoretical and methodological rationale for the research. The empirical results obtained, indicate that most companies have implemented affirmative action policies. In conclusion, various recommendations have been made with regard to the findings ascertained in the empirical study.
- Full Text:
- Date Issued: 2001
- Authors: Katz, Joel
- Date: 2001
- Subjects: Affirmative action programs -- South Africa
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10946 , http://hdl.handle.net/10948/d1011326 , Affirmative action programs -- South Africa
- Description: The research problem addressed in this study, was to determine what affirmative action policies are being practiced by members of the East Cape Master Builders and Allied Industries Association. To achieve this objective, a literature study was conducted to cite and evaluate relevant literature, in the process of presenting the most theoretical and methodological rationale for the research. The empirical results obtained, indicate that most companies have implemented affirmative action policies. In conclusion, various recommendations have been made with regard to the findings ascertained in the empirical study.
- Full Text:
- Date Issued: 2001
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