Entrenching Equality by Countering Racism in South Africa: A Legislative Brief
| DOI | 10.1177/135822910100500303 |
| Author | Judith February,Lynne Abrahams |
| Published date | 01 September 2001 |
| Date | 01 September 2001 |
International Journal
of
Discrimination and the Law, 2001, Vol. 5, pp. 119-128
1358-2291/2001 $10
©
2001
A B Academic Publishers. Printed in Great Britain
ENTRENCHING EQUALITY
BY
COUNTERING RACISM IN
SOUTH AFRICA: A LEGISLATIVE BRIEF
JUDITH FEBRUARY & LYNNE
ABRAHAMS*
Political Information
and
Monitoring Service (PIMS), Institute
for
Democracy in South Africa (IDASA)
ABSTRACT
The Constitutional prohibition
on
unfair discrimination seeks to place equality and
the preservation
of
fundamental human dignity at the heart
of
South
Africa's
nas-
cent democracy.
The
Constitutional ideal is that all South Africans are regarded as
equal and deserving
of
respect. More than that, however, the Constitution also
allows for measures to redress the inequalities which resulted from the previous
system
of
racial oppression.
By
becoming a signatory to the International Convention
on
the Elimination
of
al~
Forms
of
Racial Discrimination
on
10 December 1998 South Africa took
upon itself certain obligations, namely, to promote equality and prohibit unfair dis-
crimination. South Africa has shown itself to
be
committed to reconciling its
racially diverse population, although, predictably perhaps, the attempts
at
nation-
building over the past seven years have not been without difficulty.
This brief attempts to examine the current legislation that exists to combat
racism in South Africa; The Constitution, the Employment Equity Act, the Promo-
tion
of
Equality and Prevention
of
Discrimination Act and ancillary legislation such
as the Labour Relations Act. It will ask whether there are any obstacles to the
implementation
of
such legislation. Lastly it will examine the body
of
law which
the judiciary has developed
on
equality and racial equality in particular.
INTRODUCTION
The
Constitutional prohibition on unfair discrimination seeks to place
equality and the preservation
of
fundamental
human
dignity at the
heart
of
our
infantile democratic order.
It
sets as its ideal a society
in
which all groups, whether disadvantaged in the
past
or
not, will
be
regarded as equal and deserving
of
respect.
More
than that, it also
allows for measures to redress the inequalities which resulted from
the previous system
of
racial oppression.
By
becoming a signatory to the International Convention
on
the
Elimination
of
all Forms
of
Racial Discrimination
on
10 December
1998 South Africa took upon itself certain obligations, namely, to
promote equality and prohibit unfair discrimination. South Africa has
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