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’.