The extent to which the South African law governing racial discrimination protects employees: A comparison between South Africa and Canada

Abstract

During apartheid the lives of black South Africans were dominated by unfair discrimination on the ground of race. The creation of a new deracialised South Africa began with the dismantling of the legislation that existed during apartheid that promoted racial segregation and the promulgation of the Constitution. Section 9 of the Constitution promotes equality and prohibits unfair discrimination. The Employment Equity Act 55 of 1998 was enacted to give effect to section 9 (2) and 9 (4) of the Constitution. In terms of section 6 (1) of the EEA ‘no person may unfairly discriminate against an employee on various grounds which includes the ground of race’.