A legal historical perspective on affirmative action in South Africa(Part 2)

Abstract

This article has traced South Africa’s discriminatory history of colonialism and slavery. After the country’s unification in 1910, further discriminatory policies and laws continued until the end of apartheid in the early 1990s. Part 1 particularly investigated the unravelling of discriminatory laws resulting from the recommendations by the Wiehahn Commission1 – the first official initiative to gain support for non-discrimination and, noteworthy, in the workplace – and the South African Law Commission’s Interim and Final Reports on Group and Human Rights (hereafter Interim Report and Final Report) targeting broader society.2 Part 2 of the article traces further steps to eradicate discrimination and to redress its effects, particularly in the workplace. The interim Constitution,3 amendments to the Labour Relations Act,4 recommendations by the Labour Market Commission,5 the final Constitution6 and the Employment Equity Act7 are looked into.