Abstract
M.A.
The study is about the concept of Affirmative Action in the Employment Equity Act of South Africa, however it traces the history of Affirmative Action from the United States of America and Malaysia. These two countries are found to be leading the world in Affirmative Action. The term ‘Affirmative Action’ originated from the United States of America to prohibit unfair discrimination against certain groups of people because of non-job-related characteristics in terms of Civil Rights Act of 1960. Malaysia introduced Affirmative Action to develop education and employment opportunities of the Bumiputra. Bumiputra is one of the ethnic groups in Malaysia that have suffered unfair discrimination.
Affirmative Action is a concept that became topical with attempts in South Africa to increase the participation of previously disadvantaged groups in the workplace. This concept, which is accepted constitutionally, is still controversial in its meaning and practice. It is for this reason that the study attempts to dispel misunderstandings about the concept. The study distinguishes Affirmative Action from related concepts such as equal employment opportunity and reverse discrimination.
In order to develop the idea of Affirmative Action, the study also makes a distinction between descriptive definitions and normative definitions. This study opted for normative definitions in order to develop an ideal of what Affirmative Action is supposed to be.
The study looks at how Affirmative Action is conceptualised in the Employment Equity Act of South Africa. Through the evaluation of the concept of Affirmative Action in the Employment Equity Act in terms of my normative definition of Affirmative Action, it was found that Affirmative Action in the Employment Equity Act complies with the normative definition of Affirmative Action.
The following are my conclusion:
- Affirmative Action is not similar to reverse discrimination or equal employment opportunities.
- Affirmative Action in the Employment Equity Act is another form of discrimination though not unfair
- It redresses injustices experienced by groups who have been disadvantaged in the past.
- It eliminates unfair discrimination and develops the skills of those who did not have opportunities
- It promotes equal opportunities in employment and thus it is a temporary intervention in the workplace.
The findings of the study concluded that Affirmative Action is essential to the economic and skills development of the disadvantaged groups in particular and the South African society in general.
Prof. G.J. Rossouw
Professor H.P.P. Lőtter