- Title
- The programmatic enforcement of the affirmative action provisions of the employment equity act, 55 of 1998
- Creator
- Ntshoza, Zoleka Albertina
- Subject
- Program -- implementation
- Subject
- Affirmative action programs
- Subject
- Discrimination in employment -– Law and legislation —- South Africa
- Date Issued
- 2023-04
- Date
- 2023-04
- Type
- Master's theses
- Type
- Thesis
- Identifier
- http://hdl.handle.net/10948/60832
- Identifier
- vital:67863
- Description
- This study explores the mechanisms contained in the Employment Equity Act of 1998 (EEA) that are in place to ensure that all employers comply with the EEA. The research introduces the topic and the background of the EEA and further discusses its important provisions. The EEA is an Act which was adopted to enable section 9 and 23 (1) of the Constitution. It is there to ensure equality in the workplace. The purpose of the EEA is to eliminate unfair discrimination in the workplace and promote equity for designated groups. This research discusses the application of the EEA and its interpretation by our courts. It does this by discussing leading cases of the EEA and other relevant fields of the labour law. Amongst other discussions in the research is the case of South African Police Service v Solidarity obo Bernard. In this case, a white female employee referred a matter of unfair discrimination to the court for her non-appointment, even though she was the only one who qualified for the job. The employer had preferred a black female candidate for the position. The court held that the discrimination was fair and relied on the employers Employment Equity Plan to determine whether the discrimination was just and equitable in terms of section 36 of the Constitution. Thereafter, this research considers the role of different bodies or structures that are in place to ensure compliance and implementation of affirmative action policies as outlined in the EEA. At the centre of this research is the role played by the inspectorate, the Commission for Employment Equity, and the Director General of the Department of Employment and Labour. These are the structures of the Department of Employment and Labour that are charged with enforcement of the labour laws and policies. Each structure has its own legislative duties. For example, in terms of the EEA, the inspector must conduct inspections for the employer’s workplace, make recommendations for compliance where it is necessary, and issue fines as a final sanction for non-compliance. On the other hand, the Commission for Employment Equity (CEE) investigating compliance, issuing annual reports, doing compliance reviews, issuing certificates of compliance and non-compliance and awards etc. In addition, the research also explores the enforcement penalties imposed by the EEA. It also incorporates a comparative study between the penalties imposed by South Africa with that of Namibia and Canada. This study will show how Canada’s EEA and South Africa are lenient compared to the Namibian one. In Namibia, non-compliance is not only sanctioned with fines but with other harsh sanctions that have detrimental effects on non-complying employers. Finally, the research makes a summary and findings of the study. Thereafter, it discusses the failures and shortfalls of the EEA. These critiques are made in comparison with other EEA such as Namibia, and further the researcher offers her personal critiques and recommendations to the current system. It then concludes by summarising the findings of the final chapter
- Description
- Thesis (LLM) -- Faculty of Law, School of of Labour Law, 2023
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (Viii, 82 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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Collections
NMU Department of Public Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Ntshoza, Z.pdf | 555 KB | Adobe Acrobat PDF | View Details Download |