Abstract

Profit and other related objectives of business emphasise the need to distinguish between different customers or groups of customers. The South African Constitution, on the other hand, specifically prohibits unfair discrimination. This paper examines the legal principle of non-discrimination, as set out in the Constitution and the Equality Act, as well as the impact that these provisions have on discrimination against customers. The literature study shows that there is a legal obligation on business to ensure the provision of equitable customer service. An exploratory study was conducted among the customers of retail chain store outlets in Clermont, a historically disadvantaged area, to identify examples of differentiated treatment of customers by retail chain stores. Customer perceptions have in fact shown areas of differentiation which could be viewed as unfair discrimination unless justified

Highlights

  • One of the three keys to customer relationship management (CRM) is: “Do not treat customers ”

  • Strategies are designed for optimising investment in those customers. This appears to be diametrically opposed to the provisions of the South African Constitution (1996), especially Section 9, and the provisions of the Promotion of Equality and Prevention of Discrimination Act (2000)

  • It is clear that this provision applies to business organisations, including retail chain stores

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Summary

Introduction

One of the three keys to customer relationship management (CRM) is: “Do not treat customers ” (du Plessis, Jooste & Strydom, 2005: 296). Business must “distinguish between customers who generate profit and those who do not.” Business is required, in terms of CRM, to first assess which are the most valuable customers and how best to reach and service them. Based on these findings, strategies are designed for optimising investment in those customers. Strategies are designed for optimising investment in those customers This appears to be diametrically opposed to the provisions of the South African Constitution (1996), especially Section 9, and the provisions of the Promotion of Equality and Prevention of Discrimination Act (2000) (referred to as the Equality Act).

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