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ARTICLE · 08 OCTOBER 2013

Fair's Fair? Applying Affirmative Action

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The ideals behind the enforcement of affirmative action in the workplace in South Africa, post-1994, are sound and understandable; however, there have been many challenges to overcome to ensure that the empowerment of the previously disadvantaged does not defeat the Constitutional right to equality.

South AfricaLitigation, Mediation & Arbitration
Liesl Brookshaw
Liesl Brookshaw
Manisha Maganbhai-Mooloo
Manisha Maganbhai-Mooloo
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The ideals behind the enforcement of affirmative action in the workplace in South Africa, post-1994, are sound and understandable; however, there have been many challenges to overcome to ensure that the empowerment of the previously disadvantaged does not defeat the Constitutional right to equality.

In order to address these sensitivities our Courts have had to consider, develop and adapt the implementation of affirmative action on a continuous basis in order to promote the rights of all employees.  One such instance is in the recent reported case of Jennila Naidoo v The Minister of Safety & Security and The National Commissioner of the South African Police Service, Case No: JS 566/2011.

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