- Title
- Mechanisms for implementing affirmative action
- Creator
- Nongogo, Nqabisa Thandazile
- Subject
- Affirmative action programs -- South Africa
- Subject
- Minorities -- Employment -- South Africa
- Subject
- Affirmative action programs -- Law and legislation -- South Africa
- Date Issued
- 2018
- Date
- 2018
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/33475
- Identifier
- 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.
- Format
- vii, 78 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | NQABISA THANDAZILE NONGOGO.pdf | 907 KB | Adobe Acrobat PDF | View Details Download |