Friday, October 06, 2006

AFFIRMATIVE ACTION SOUTH AFRIC

AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYMENT IN SOUTH
AFRICA

Introduction

The concept of Affirmative Action (AA) is currently one of the most talked about subjects in
South Africa especially at the workplace and at various private gatherings. On the 2nd of
June 1999 South Africans will be going to the polls for the second time and there is a definite
concern among the minority groupings[1] on this very subject when casting their vote. This
inherent behaviour is expected since it would take some time for us to shed our past and
come to terms with our newfound democracy. In comparison to the United States Were
Affirmative Action originated the debate still rages. The riots and racial tension in Miami in
1980 and 1989 and Los Angeles in 1992 is always remembered in the minds of the African
Americans and other minority groupings.

Having experienced some covert racism myself and having interacted with the establishment
in the early 90’s during the unity and negotiations period, I would like to share some of my
responses that I have annexed. There is a number of varying definitions, which attempts to
capture what the concept of Affirmative Action is. Most, if not all definitions generally
defines the term as:

· Historical redress to alleviate inequalities

· Instrument of reconstruction and transforming the social-economic environment
· Specific mechanisms through legislation, recruitment, training, targets etc. to give effect to
AA

Our President Mandela, speaking at the time as the President of the ANC said that:

“The primary aims of affirmative action must be to redress the imbalances created by
apartheid…We are not…asking for handouts for anyone… Nor…is it our aim to do away
with qualifications. What we are against is not the upholding of standards as such but the
sustaining of barriers to the attainment of standards; the special measures that we envisage to
overcome the legacy of past discrimination, are not intended to ensure the advancement of
unqualified persons, but to see to it that those who have been denied access to qualifications
in the past can become qualified now, and that those who have been qualified all along but
overlooked because of past discrimination, are at last given their due…. The first point to be
made is that affirmative action must be rooted in principles of justice and equity.
Professor Kader Asmal also argues that:

“Crude appeals to ethnic fears are disgraceful and dangerous for future. They deliberately
ignore an important constitutional provision which gives the lie to the further criticism that
affirmative action is simply reverse discrimination.”
To develop a single definition or approach to Affirmative Action is dependent on various
factors. The challenge facing all of us is that we cannot just erase the past by legislation or
use our constitution as protection but to look for corrective measures to advance those most
affected[2] by apartheid which was a crime against humanity and rebuild our nation to
achieve a true African Renaissance.

I would attempt to argue the benefits and drawbacks of the policy of Affirmative Action and
discuss the difference between Affirmative Action and Equal Employment Opportunity.

The Benefits of Affirmative Action

The obvious question is who should benefit from affirmative action. The beneficiaries or
“target groups” of Affirmative Action globally have been women and members of minority
groupings. In South Africa and Malaysia, it is the opposite, where the majority need to be
affirmed who have been disadvantaged through oppression, denied access to education and
employment opportunities and could not meaningfully contribute and participate in the
economic life in their country. However, in South Africa, demographics and market forces
should be taken into account when correcting this imbalance. Africans have been treated the
harshest when it came to the distribution of resources[3] in education the freedom of
movement, job reservation, and the carrying of passes etc. therefore they should be given
preference. Benefits:-

· Affirmative Action concentrates solely on the employment, development and promotion of

the disadvantaged groups. It could demand legislation for target setting and timetables for
achieving this

· It redresses imbalances. It identifies positions that have previously been inaccessible to the
disadvantaged group and launches recruitment drives for these groups as well as engaging in
training and development

· It allocates resources to the disadvantaged and prescribes corrective action to be adopted by

the employer to redress the inequalities

· It is seen as a means of restoring disequilibrium through a period of compensatory inequity

– reversed discrimination (in the short term)

· Accelerated advancement of the disadvantaged

· It addresses the disadvantages caused by poor education, prejudice, segregation, job

reservation, racism, lack of political rights and unequal distribution of wealth

Drawbacks Of Affirmative Action Policy

Affirmative Action policy is a controversial issue in our country given the history of
apartheid. Most of our daily newspapers carry some form of views on this policy, which is
perceived by the captains of industry as reverse discrimination. Usually the opponents of AA
have not fully accepted this policy and have not effectively implemented it.

Asmal argues that the Constitution recognizes that the formal abolition of discriminatory
practice will not result in equality and it enables measures…

· “designed to achieve the adequate protection and advancement of persons or groups or

categories of persons disadvantaged by unfair discrimination in order to enable their full and
equal enjoyment of all rights and freedoms.” But these measures “do not constitute a licence
for political warlords..to make conscious and deliberate use of state power to deprive whole
groups of people of their rights and opportunities in life.” ….it will be wrong to give
positions to unqualified people simply on the grounds of race or gender… opportunities must
be opened up, as they have been in other countries for all those discriminated against..”

· Another problem associated with Affirmative Action is that it has not benefited the most
deprived among the Black community but has succeeded to advance only the middle classes
and has failed to redress class-based inequalities.

· The fact that Affirmative Action is seen and regarded as tokenism and reformist it does not
address racism, ethnicity, gender and the general transformation of the organization or
institution.

· Another drawback is that once a Black is employed in a White company he is drawn into
the sense of “false meritocracy”. This “false meritocracy”[4] not only hampers Affirmative
Action employee’s entry into large companies, but also slows their advancement within
companies.

Affirmative Action and Equal Employment Opportunity

Affirmative Action is a labour market policy aimed with special measures to enable persons
discriminated against on the grounds of colour, gender and disability to break into fields from
which they have been excluded by past discrimination.[5]

Employment Equity is the eradication of unfair discrimination of any kind in hiring,

promoting, training, pay, benefits and retrenchment, in line with constitutional requirements.
It is also a measure to encourage employers to undertake organizational transformation to
remove unjustified barriers to employment for all South Africans, and to accelerate training
and promotion for individuals from historically disadvantaged groups.[6]

Conclusion

Affirmative Action is one of the ways in correcting the past and preventing further
discrimination in the future. For the majority of the oppressed Blacks, the past
discriminatory legislation prevented the advancement and development through various
laws. The education policies contributed to the massive skills shortage and the shortage
of qualified professionals. Therefore, these policies have severely backfired on
the economy of this country. If one looks at the laws of the past that governed
employment and labour in the country, then it seems inevitable that some legislation will
be need to counter-balance their effect.
SELECTED BIBLIOGRAPHY

1. Gerber, et al 1998. “Human Resource Management” Fourth Edition

2. Government Gazette: Aug 1998, Public Service and Administration

3. Hallak, J 1990. “Investing in the Future” UNESCO : IIEP

4. Hansrajh, R 1992. “Universities and National Development : Some implications

for Innovation and Change for Post-Apartheid South Africa”. Bristol UK

5. Hansrajh, R 1995. “Democratization and Transformation of Athletics in KwaZulu

Natal” Paper presented at AGM

6. Indigo, 1999. January “Affirmative Action: Knocking on the door” Pg. 46

7. Sunday Business Times : Appointments; 7 March 1999

8. Sikhosana, M 1993. “Affirmative Action” : Its possibilities and limitations

Working Paper No. 1 EPU Natal

9. Wingrove,T 1995. “Affirmative Action- A How to guide for managers”

Knowledge Resources; Sigma Press

10. Qunta, C 1995. “Who’s afraid of Affirmative Action” Kwela Books

11. ANC, “Ready to Govern Policy Document”1990

[1] “Coloureds” and Indians as referred to in the days of apartheid ; and post 1994 the Whites
[2] among Black people, Africans have been most disadvantaged, and they should therefore
be given preference. This does not mean that the Nationalists government had a high regard
for “Coloureds” and Indians but was related rather to the classic tactics of divide and rule
[3] Compare to Census 96 in Annex
[4] Ellis Cose, who recorded the experiences of African-American executives in White
companies, called the use of this type of selection criterion
[5] ANC “Ready to Govern” policy document
[6] Green Paper on Employment and Occupational Equity, the new Labour Relations Act,
Convention 111 of the International Labour Organization and Bill of Rights in the new
Constitution
posted by Rishi @ 12:38 AM