Affirmative Action And Its Effects

DEFENCE OF AFFIRMATIVE ACTION IN SOUTH AFRICA OCKERT DUPPER* guess Professor, Faculty of Law, University of Stellenbosch INTRODUCTION The Employment impartiality perform 55 of 1998 (?EEA?) has a dual purpose: first, to prohibit discrimination on a number of grounds, including race, sex, pregnancy, sexual orientation and HIV locating; secondly, to make explicit provision for affirmative action in the workplace.1 Shortly before the EEA came into force, Martin Brassey wrote a number of articles thereon in the press. In his articles, collectively re-published under the title ?The Employment blondness form: Bad for Employment and Bad for Equity?,2 Brassey notes that the EEA is earthshaking in being the first major piece of race-based economic system to enter the statute book since South Africa became a electoral state in 1994. This represents a watershed, Brassey writes, because it ?signif[ies] the perpetuation of precisely the send race consciousness that has al pose p roved so heterogeneous and destructive in our country [and] in consequence, cries out for pore and debate?.3 However, Brassey continues, to date there has been neither analysis, nor any self-colored debate beyond a few comments of a strong nature. A possible reason might be, according to him, that it could calculate ?churlish?, because of the tremendous suffering of blacks under apartheid, to attack a legislative measure that has redress for past wrongs as its object. Another, perhaps more plausible reason, is that the silence is politically motivated: ?Critics of the Act are reluctant to enter the area, which is of course a minefield, for direction of being stigmatized as racist. The epithet is easy to use, hard to come alive off and, once applied, quickly progenys in ostracism and the penury of the state?s patronage. Since few wish to run this risk, the event is that analysis is muted; if the Act is attacked at all, it is simply on matters of a technical natur e. The champions of the Act may rejoice at t! his, but the rest...If you want to get a full essay, ready it on our website: OrderCustomPaper.com

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