Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We
are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.
The bill of rights
says that everyone is equal before the law and has the right to
equal protection and benefit of the law. However, because of the
history of discrimination in South Africa, it is not simply
assumed that everyone is equal.
The bill of rights allows the government to make laws and take
other steps to protect and advance the interests of categories of
people who were unfairly disadvantaged in the past on grounds of
race and gender. This is called affirmative action.
When applied to employment practice, affirmative action aims
to ensure that the workforce becomes representative of the whole
population which it serves. The groups which are particularly
likely to benefit are women, and people who were classified as
'non-whites' under apartheid: Africans, coloureds and Indians.
Redirecting money away from relatively developed areas to
relatively underdeveloped areas in order to ensure more equal
access to the basic necessities of life is also a form of
affirmative action.
Arguments against
Opponents of this policy argue that:
- It amounts simply to reverse discrimination which
unfairly punishes people, especially white men, for what
happened in the past;
- Unless appointments are made purely on the basis of
merit, a lowering of standards is inevitable;
- It only advances the interests of Africans because
coloureds and Indians are 'not black enough' to
benefit;
- A small minority of previously disadvantaged people will
benefit and most will remain as disadvantaged as
before;
- It lends itself to tokenism in which people are appointed
to positions without much real power; and
- Skills and capital will be lost to the country because
skilled people will emigrate to avoid being victimised.
Arguments in favour
Supporters of affirmative action argue that:
- Abolishing discriminatory laws is not enough - inequality
was the result of generations of deliberate state action
designed to benefit a specific group and deliberate state
action must be taken to undo it. This includes providing
opportunities, access, support and training to ensure the
policy is a success;
- Equality of opportunity and access to the basics of life
are essential for social stability and affirmative action
is far more than just redistribution by confiscation and
force;
- Widening the pool of candidates for a post should lead to
more competence in the field, not a lowering of
standards; and
- Millions of people now spending all their energy on
survival will be freed to make a contribution when they
have equal access to basic needs.
The Public Administration Commission is constitutionally bound
to restructure the civil service so that it more accurately
reflects the racial, language and cultural diversity of the
country. In addition, many corporations and large companies have
begun instituting affirmative action policies, some because they
approve, others simply to anticipate the enactment of laws to
enforce the policy in the future. (See equal opportunities.)
