Entrenching Equality by Countering Racism in South Africa: A Legislative Brief

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 nascent 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 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 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 Promotion 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.