The effectiveness of South African legislation in protecting black employees from racial discrimination

Abstract

The Apartheid government passed segregation laws which favoured the white minority and unfairly discriminated against black people. The Constitution of the Republic of South Africa acknowledges the hardships caused by Apartheid and thus contains an equality clause governed by section 9 of the Constitution which prohibits unfair discrimination. The Constitution places an obligation on parliament to enact legislation with the aim of advancing and protecting persons or categories of persons disadvantaged by unfair discrimination.