The regulation of mental health in the South African workplace: a comparative analysis of South Africa, the Netherlands, Northern Ireland and the United Kingdom

Abstract

The first democratic national elections held in 1994 marked the start of a new democratic era for South Africa, built upon the foundations of non-discrimination, democracy and equality for all.1 At the heart of the new democratic South Africa, is the Constitution of the Republic of South Africa, 1996 (hereafter “Constitution”). Constitutional supremacy is arguably one of the most important attributes of a true constitutional democracy.2 Section 2 of the Constitution provides that the Constitution is the supreme law of the Republic and that any law or conduct which is inconsistent with it is invalid.3 The Constitution thus functions as the yardstick against which all laws and actions are judged.4 Any law or conduct inconsistent with the Constitution may be challenged.