Legislation
, Legislation
Constitution 108 of 1996 as amended
- promulgated on 18 December 1996
- came into effect on 4 February 1997
- fundamental law of SA
- no other/contract may supersede the constitution
- human rights, society based, democratic values & social justice
- Bill of rights (covered in Chapt. 5 of constitution):
Right to just administrative action (respect): right to challenge gov.
Right to citizenship & freedom of movement
Political rights
Right to housing, food, water, healthcare & social security: right to survival & basic needs
Children's rights: under the age of 18
Right to education
Not be unfairly discriminated against: concept of inclusvity
Limitation clause: rights discussed are not absolute and may under certain circumstances be
limited
Freedom of trade, occupation & profession
Freedom of association: belong to a trade union and employers have right to belong to employer
organisations
Have the right to assemble peacefully, demonstrate & protest
Right to live in a non-harmful environment: not harmful to health/well-being
Emloyment Equity Act 55 of 1998
- EE or EEA
- designed to redress the inequalities of the past
- done through affirmative action (AA): designated groups i.e Blacks, Coloureds, Indians, females &
disabled ppl
- equal representation @ all lvls of the workplace
- training, promotion & remuneration
Implications of the Employment Equity Act
- Positive:
Imbalances & unfairness of the past = corrected
more diverse workforce
- Negative:
additional workload
necessary skills aren't always available
lack of respect for skills, knowledge and competencies of EE appointed
skills have been lost to other countries (brain drain)
, Legislation
Constitution 108 of 1996 as amended
- promulgated on 18 December 1996
- came into effect on 4 February 1997
- fundamental law of SA
- no other/contract may supersede the constitution
- human rights, society based, democratic values & social justice
- Bill of rights (covered in Chapt. 5 of constitution):
Right to just administrative action (respect): right to challenge gov.
Right to citizenship & freedom of movement
Political rights
Right to housing, food, water, healthcare & social security: right to survival & basic needs
Children's rights: under the age of 18
Right to education
Not be unfairly discriminated against: concept of inclusvity
Limitation clause: rights discussed are not absolute and may under certain circumstances be
limited
Freedom of trade, occupation & profession
Freedom of association: belong to a trade union and employers have right to belong to employer
organisations
Have the right to assemble peacefully, demonstrate & protest
Right to live in a non-harmful environment: not harmful to health/well-being
Emloyment Equity Act 55 of 1998
- EE or EEA
- designed to redress the inequalities of the past
- done through affirmative action (AA): designated groups i.e Blacks, Coloureds, Indians, females &
disabled ppl
- equal representation @ all lvls of the workplace
- training, promotion & remuneration
Implications of the Employment Equity Act
- Positive:
Imbalances & unfairness of the past = corrected
more diverse workforce
- Negative:
additional workload
necessary skills aren't always available
lack of respect for skills, knowledge and competencies of EE appointed
skills have been lost to other countries (brain drain)
