LL.D. / This thesis critically evaluates the position of pregnant women (and women who have recently given birth) in the context of South African Labour Law and social security law, from both a comparative and a South African perspective. The fact that women fall pregnant and give birth to children, while men do not, raises issues of theoretical and practical importance in regard to equality issues. Pregnancy has historically been both the cause of and the occasion for the exclusion of many women from the workplace because of the practical difficulties many women face in reconciling the demands of paid work with family responsibilities – although there is no logical reason why women’s giving birth to children necessarily means that they should have primary responsibility for childcare. The underlying premise which underpins the subject matter of this thesis is that pregnant women are unfairly discriminated against in the workplace. While it cannot be denied that men and women are different and that the biological fact of pregnancy is a state unique to women, this “difference” has resulted in gender discrimination, and, more germane to this thesis, in pregnancy discrimination in the jurisdictions to be considered, namely, the United Kingdom, the European Union, SADC and South Africa. This thesis concentrates on various issues pertaining to pregnancy and maternity protection and emphasises the seemingly irreconcilable dichotomy between the desire to recognise and accommodate women’s unique role as child-bearers and the desire to achieve parity between the sexes in regard to conditions of employment, remuneration and general benefits. The central dilemma is whether women can be treated as equal to men in regard to opportunities, entry to the workplace and remuneration, on the one hand, and yet be treated in a special way when it concerns childbearing and childrearing, on the other. In this thesis it is argued that men and women are different and that social justice cannot therefore be achieved by equal treatment. In facing this challenge, legislatures and courts have become ensnared in the dichotomy of equality and distinction, and the question considered here is whether South Africa is fulfilling its constitutional and international obligations regarding the equal treatment, and the granting to them of equal opportunities and reasonable accommodation. This thesis develops an appropriate and relevant paradigm for pregnant women in the workplace. It identifies and highlights the existing deficiencies and lacunae in the South African legal system inherent in both labour law and social security law, and develops proposals for the possible amendment of the existing legislative framework by drawing largely on international, supranational, foreign and regional jurisdictions and by critically evaluating the current South African maternity terrain, particularly in the light of South Africa’s developing constitutional jurisprudence.

Masters in Public Administration - MPA / This research report set out to provide an evaluation of the progress made by the Department of Justice and Constitutional Development with respect to affirmative action and employment equity, and particularly with respect to the promotion of greater gender equity in employment, especially at the management levels. / South Africa

While women constitute more than 51% of the population and far outnumber men in teaching positions in Namibia, very few occupy positions of leadership. Male candidates are still favoured for top positions, thereby denying women the chance to gain entrance to these positions. One of the reasons for this imbalance seems to be that, in spite of conscious political effort and legislation, women may still be perceived as less effective leaders than men. This research focused on leadership in education, in particular school principals, and explored the perceptions of female principalship held by school inspectors. Three school inspectors from the Rundu Education Region were purposefully selected and interviewed. Inspectors were selected on the grounds of their considerable influence in the selection and appointment of school principals. The study found that these inspectors favour school principals who show commitment to their work, have good interpersonal working relationships, are caring, good listeners, visionary and produce good results. The inspectors attribute female principals’ success to their traditionally perceived characteristics, such as caring leadership and ability to develop good human relations. Instead of perceiving these qualities as professionally negative (as is sometimes argued in the literature) the inspectors see them as indisputable assets to leadership. The respondents acknowledge the cultural stereotyping that may have influenced male attitudes to women in the past, but argue that good leadership is not specific to gender, but part of the qualities a person possesses, regardless of sex. This study concludes that, contrary to what has been reported in many studies, these inspectors perceive women principals as effective – equal to their male counterparts or sometimes even more effective - because they are caring, well organized and good at communicating and establishing relations with others. Though these qualities are different from the traditional masculine qualities which include independence and emotional strength, the respondents recognize and legitimize them as preferred qualities in current effective leadership practice.

rhe research study investigated the factors necessary for the development of an organizational retention ;trategy for a financial organization pertaining to key equity employees. Equity employees are those employees jescribed as such in the Employment Equity Act 55 of(1998). Bussin's (2002) Total Rewards Model was used as the theoretical framework for the study. The investigation was conducted within an interpretive paradigm and employed a qualitative methodology. Thematic analysis was used in the interpretation of the three data sources gained access through the data collection process. A previously completed employee relationship audit's findings, and the data derived from nine exit interviews formed the basis for the twenty-four semi-structured individual interviews, which were conducted with a sample ofthe employees. A purposive sampling technique enabled the identification of particular employees, who were the equity participants in the study. An additional component of the Total Rewards Model, namely Talent Management was identified from an analysis of the results. Six salient factors were highlighted in the investigation. The factors identified were: A need for a short-term incentive plan, which would provide recognition above and beyond an employee's monthly salary. The need for career development opportunities. The utilization of new skills from the training initiated by the organization. The representation of women and Black people in senior management positions. The need for formal performance support. The standardization of the recruitment process, the management of unrealistic or unattainable expectations and listening to employees' concerns. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in

The early history of South African industrial development has been approached from essentially two angles. One body of thought has concentrated on the adverse effect colour bars have had on the development of South Africa. It is argued that racial discrimination in industry originated from the racial prejudice of white workers and from state intervention in the economy. Opposed to that view is the interpretation that the colour bar originated out of the specific character and subsequent development of South African capitalism. This study approaches the debates and arguments through an analysis of the Wage Act of 1925. The industrial relations system which operates in South Africa has its origins in the legislation of the 1920s. It is based on the Industrial Conciliation Act of 1924 and the Wage Act of 1925. Very few systematic analyses of the Wage Act have been produced hitherto. Most commentators have focussed on single aspects of the Act, but very few have attempted an examination of the operation of the Wage Board which was established by the Act. The Wage Board was instituted as an element to promote the civilised labour policy in the private sector. Whereas the Industrial Conciliation Act operated to protect organised labour, the Wage Act concentrated on unorganised trades and sections of trades. Although empowered to investigate conditions in the mining industry, the Wage Board was never used to regulate wages in that industry under the Wage Act due to opposition from the industry. It was concerned solely with secondary industrial and manufacturing establishments because agriculture and domestic service were excluded from the Wage Act. The Wage Act was based on the principal of compulsory regulation. Determinations in terms of the Board's recommendations were binding on employees and employers alike. Complex procedures hampered the activity of the Board until 1930 when the Act was amended and simplified. The Board faced a great deal of opposition from manufacturers in its early years. But a cautious approach and the gradual implementation of determinations ensured that employers opposition soon changed to support when it became clear the Board was not an arbitrary one. The Board had to take a number of strict considerations into account. It could not recommend wages if its recommendation would affect the particular trade concerned adversely. It concerned itself with the promotion of efficiency in business, production costs, consumerism , the wasteful employment of labour, the length of the working day and the productivity of employees. As such it was used as a means to assist the necessary rationalisation and reorganisation of South African industry. It could not recommend wages without the Minister's express instructions if all the employees covered by a reference could not receive a civilised wage . Civilised wages were classified as wages at which employees could enjoy white standards of living. This clause effectively introduced a colour bar into wage determinations. It operated before 1930 to buttress Industrial Council Agreements to prevent the displacement of whites by Africans at lower rates. The Wage Board also considered investigations from unskilled, African workers. The Board was not permitted by law to discriminate against people of colour. Apart from the potential colour bar of wage regulation in general in South Africa, the Board was instructed in 1930 to refrain from issuing recommendations for African workers. Regulations were also altered to exclude Africans. The Wage Act declined in importance after the Great Depression as white workers were drawn closer to the wider-reaching Industrial Conciliation Act. The need to regulate African wages and to control African labour became more evident during the period of economic expansion in the 1930s. The Act was replaced in 1937 and the restrictions formerly placed on Africans were removed. The workforce had finally been separated with the provision of different industrial relations appartuses." "...Every industrial and commercial centre in England now possesses a working class divided into two hostile camps, English proletarians and Irish proletarians. The ordinary English worker hates the Irish worker as a competitor who lowers his standard of life. In relation to the Irish worker he feels himself a member of the ruling nation and so turns himself into a tool of the aristocrats and capitalists of his country against Ireland, thus strengthening their domination over himself. He cherishes religious, social, and national prejudices against the Irish worker. His attitude towards him is much the same as that of the 'poor whites' to the 'niggers' in the former slave states of the USA. The Irishman pays him back with interest in his own money. He sees in the English worker at once the accomplice and the stupid tool of the English rule in Ireland. This antagonism is artificially kept alive and intensified by the press, the pulpit, the comic papers, in short, by all the means at the disposal of the ruling classes. This antagonism is the secret of the impotence of the English working class, despite its organisation. It is the secret by which the capitalist class maintains its power. And that class is fully aware of it." Marx to Siegfried Meyer and August Vogt April 9 1870 Marx and Engels Ireland and the Irish Question.

Historically, racism was deeply rooted in the workplace in South Africa where white people were largely afforded better opportunities than their black counterparts. This position changed after South Africa became a democratic country. In the new South Africa, legislation has been adopted to combat unfair discrimination. This legislation is founded upon the equality clause contained in section 9 of the Constitution of the Republic of South Africa. Section 9 prohibits unfair direct or indirect discrimination against any person on any of the listed grounds. It also makes provision for protection against unfair discrimination on unlisted grounds. The Employment Equity Act was enacted to bring equality to the workplace and to give effect to section 9(2) of the constitution. The Employment Equity Act promotes equal opportunities and fair treatment and seeks to eliminate unfair discrimination. Section 6 of the Employment Equity Act contains the main thrust of the Act’s prohibition against unfair discrimination. However not all discrimination is unfair. Section 6(2) of the Employment Equity Act provides that discrimination based on the inherent requirements of a job or in terms of affirmative action measures will not be unfair. This section implies that there are grounds of justification which may cause discrimination to be fair. These grounds are affirmative action and inherent requirements of a job. Affirmative action is a purposeful and planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminated by unfair discrimination in the past. There are affirmative action measures incorporated in the Employment Equity Act. There exists also a designed programmatic enforcement of affirmative action measures.

Rationale: It cannot be denied that there has been improvement in demographic representation in South Africa since the implementation of the Employment Equity Act 55 of 1998. Whilst there may still be room for improvement, especially on employer attitudes towards the implementation of employment equity, improved representation of the Previously Disadvantaged Groups has evidently appreciated, however, marginally. Research purpose: This study sought to explore stakeholder perceptions as to why Engcobo Local Municipality had not successfully implemented the Employment Equity Act. Research design, approach and method: This exploratory study was conducted at Engcobo Local Municipality on Councillors, Managers, Key Employees and representatives of Organised Labour. Main findings: a) Engcobo Local Municipality was found not to have complied with various aspects of the Employment Equity Act; b) Respondents mainly believed that failure to implement the Employment Equity Act by Engcobo Local Municipality was due to lack of capacity on the part of the municipality‟s stakeholders; c) Different countries followed different models in the implementation of their Employment Equity, depending on the peculiarity of their circumstances; and d) The most appropriate change management model on which the implementation of the South African Employment Equity is modelled is Hayes‟ Generic Change Management Model. Managerial implications: Future research may be that the municipality can benefit from the recommendations made by the respondents with regard to what they believe needs to be done to remedy the situation. Some of the suggestions include the intensification of communication, establishment consultative structures to facilitate communication and the capacitation of stakeholders to ensure that they understand their responsibilities regarding the implementation of the Employment Equity Act. Contribution: The contribution of the research is supporting the current knowledge base of stakeholders towards the implementation of the Employment Equity Act. Proactive implementation measures should be taken to ensure that people who should benefit from the implementation of the Act are not disadvantaged by the municipality‟s failure to implement the Act. The introduction of the alignment with human resource management practices that complement the implementation of Employment Equity, could overcome the barriers currently being experienced in the effective implementation of the Employment Equity Act.

The discrimination jurisprudence in South Africa has developed over the previous decade since the promulgation of the interim and final Constitutions. The Employment Equity Act of 1998 also gave impetus to the development of equality jurisprudence with reference to the workplace. In terms of both the Constitution and the Employment Equity Act, unfair discrimination is forbidden. Both the Constitution and Employment Equity Act list specific grounds on which discrimination would be regarded as unfair. Although discrimination on any of the listed grounds would be regarded as automatically unfair, there is realisation that this cannot be an absolute position. The Employment Equity Act makes provision that employers be able to justify discrimination even on the listed grounds where there are justifiable reasons. In terms of the EEA, it is not unfair discrimination to differentiate between employees on the basis of an inherent requirement of the particular job. It is this defence that is considered in the present treatise. The inherent requirements of the job as a defence in unfair discrimination cases is one, which needs to be carefully considered it in fact requires a clear understanding of what constitutes an inherent requirement. It is equally important to understand that although in one instance it may be justifiable to exclude certain employees on the basis of an inherent requirement of the job, a generalisation may give an employer difficulties under certain circumstances. An employer who is faced with a prospective employee who suffers from a particular illness that would make it impossible to do the job, could raise the defence of an inherent requirement of the job. However, the fact that a particular employee has the same illness as the previous one not employed does not give an employer an automatic right to exclude all prospective employees who suffer from the same illness without having had consideration of their circumstances as well as those of their illnesses. The defence of inherent requirements of the job is therefore valid only where the essence of the business would be undermined by employing or not employing people with certain attributes required or not required to do the job.

In South African law, affirmative action has been a very controversial topic over the years. 5 Controversial issues such as perceptions and reactions of affirmative action in the South African context are varied. 6 These reactions are often categorised as politically explosive and emotionally charged. 7 Most people fear the implications of affirmative action, more specifically the impact thereof on their individual positions within the workplace.8 Those who feel threatened by these measures, tend to question the political and ethical legitimacy thereof. 9 Those who stand to benefit from these measures often dislike the labelling associated with these measures. 10 Confusion also exits in greater society about relationship between the equal opportunity, black advancement, affirmative action and diversity management paradigms and related practices. The sources of conflicting reactions to affirmative action stem from individual, group and cultural believes and values which were both shaped by the political realities of the previous regime and the ideals people cherish for themselves in the current dispensation. Colonialist and apartheid laws, policies and practices which were racist and patriarchal provided for separate societies for blacks, whites, Indians and coloureds. 11 At this point in time separate labour systems with job reservation were applicable for whites. There were also wage differentiations between white and black people and between sexes. 12 Furthermore, disabled people were kept dependant and there were also discriminatory legislative provisions against them. 13 This history of systemic discrimination and its resulting inequality and entrenched disadvantage for black, coloured and Indian women and the disabled, was and still is well-known both nationally and internationally. 14 Internationally, apartheid has been extensively disapproved. Examples hereof include the United Nations that declared apartheid and its impact a “crime against humanity” and a negation of the United Nations Charter, 15 expressions of censure culminated in the adoption of the International Convention on the Suppression and Punishment of the Crimes of Apartheid16 and the expulsion of South Africa from the United Nations and its agencies. 17 Nationally, on the other hand, South Africa promulgated several legislative pieces namely, the Constitution, the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and the Employment Equity Act 55 of 1998.

Economical and educational problems are caused by the reversed effect of the Employment Equity Act and Affirmative Action. One such problem is called “brain drain” (Lundy, 2006), The general aim of the research was to determine whether affirmative action caused final year students of the Nelson Mandela Metropolitan University to consider overseas employment. A literature study was conducted before the empirical objectives were reached. The empirical study was of a quantitative descriptive and inferential nature. A cross-sectional survey design was used to achieve the empirical objectives. A self- administered survey package was handed out to final year students within the various disciplines at their various classes. One hypothesis was tested. The results indicated that support was found for the hypothesis. The findings are discussed in relation to the data gathered. The implications of the research and the limitations of the study are outlined in the Results chapter.