Racism and law : implementing the right to equality in selected South African equality courts

Krüger, Rósaan

Title: Racism and law : implementing the right to equality in selected South African equality courts
Creator: Krüger, Rósaan
Subject: South Africa Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
Subject: Equality -- South Africa
Subject: Discrimination -- Law and legislation -- South Africa
Subject: Racism -- Law and legislation -- South Africa
Subject: Apartheid -- Law and legislation -- South Africa
Subject: Constitutional law -- South Africa
Subject: South Africa -- Politics and government -- 1994-
Date Issued: 2009
Date: 2009
Type: Thesis
Type: Doctoral
Type: PhD
Identifier: vital:3677
Identifier: http://hdl.handle.net/10962/d1003192
Identifier: South Africa Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
Identifier: Equality -- South Africa
Identifier: Discrimination -- Law and legislation -- South Africa
Identifier: Racism -- Law and legislation -- South Africa
Identifier: Apartheid -- Law and legislation -- South Africa
Identifier: Constitutional law -- South Africa
Identifier: South Africa -- Politics and government -- 1994-
Description: Racism has informed South African society since colonial times. Racist beliefs found expression in the laws of colonial and apartheid South Africa and shaped both state and society. The constitutional state that South Africa has become since 1994, is based on the values of ‘human dignity’, ‘the achievement of equality’ and ‘nonracialism’, among others. Law formed the basis of the racist state prior to 1994, and now law has a fundamental role to play in the transformation of the state and society in an egalitarian direction by addressing socio-economic inequalities on the one hand, and by changing patterns of behaviour based on racist beliefs forged in the past, on the other. This thesis examines one of the legal instruments that is intended to contribute to transformation in the latter sense, namely the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act), with specific reference to the issue of racism. The provisions of this Act and the framework for its operation against the background of South Africa’s racist past, and within the broader framework of international and constitutional law, are examined. These two legal frameworks are analysed for the purpose of determining the standards set by international and constitutional law regarding racial equality in order to determine whether the Equality Act measures up. This thesis also incorporates an analysis of the practical application of the provisions of the Equality Act to complaints of racism in selected equality courts. The theoretical analysis of the Act’s provisions and their application in the equality courts point to various problematic formulations and obstacles which negatively affect the application of the provisions and thus hamper social change. The thesis concludes with recommendations for refining the Act’s provisions and its application.
Format: 420 leaves
Format: pdf
Publisher: Rhodes University
Publisher: Faculty of Law, Law
Language: English
Rights: Krüger, Rósaan

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