Thesis (MTech (Public Administration))--Cape Peninsula University of Technology, 2017. / In 1994 the newly elected democratic South African government inherited a nation deeply scarred by a history of racial division and social, political and economic inequality. The democratic government was determined to create an environment that felt like home to all, a society that welcomed all and a political environment that catered for all. The democratic government therefore introduced laws and structures designed to promote the principle of “equity.” Although these have been in force for more than 22 years, statistics indicate that white people continue to receive preference over other racial groups. This study sought to provide an overview of the equity composition of employees in the Department of the Premier in the Western Cape government. “Equity composition” refers to the categories of race and gender invoked by the Employment Equity Act in order to promote equality. The aim was to reach a set of conclusions and make recommendations that might improve the equity composition of employees in the direction envisaged by the legislation. The researcher has made use of a qualitative research methodology for this study. Unstructured interviews were conducted with twenty research participants purposively selected from the Department of the Premier, and the data gathered from the interviews was analysed using content analysis. The study found that there has been an increase in efforts to accommodate people with disabilities. It recommends that a dedicated training workshop regarding employment equity be designed by the director of the people management practices unit and rolled out throughout the department.

LL.M. (Labour Law) / Please refer to full text to view abstract

There has been insufficient academic research on the music of the Eastern Cape in general and Port Elizabeth and New Brighton in particular. This study, as part of the International Library of African Music (ILAM)lRed Location Museum Music History Project (ILAMIRLMHP) - an oral history intervention to save the music history of New Brighton from extinction through research and documentation of the memories of veteran musicians - is focused on jazz vocalists. The primary objective of my study is to investigate, critically analyze, interpret and document the career experiences of six New Brighton jazz vocalists in the context of performing in the Port Elizabeth music industry during the apartheid and the post-apartheid eras. The secondary objectives are to stimulate research interests in music students and ethnomusicologists to pursue research on the music of Port Elizabeth and the Eastern Cape and to inspire and motivate the vocalists to continue making music with renewed zeal. A qualitative research paradigm informed the field research necessary for this study. The fieldwork paved the way for an eclectic framework of analysis grounded in Pierre Bourdieu's notions of habitus, field and capital, examining the impact of the context on the vocalists' habitus which influenced how they viewed and interpreted their past and current experiences in the performance field. Data obtained through extensive interviewing of New Brighton's contemporary female vocalists and their male counterparts revealed that they have no opportunity to make commercial recordings. The musicians have to migrate to Johannesburg to have successful music careers, although personality politics, greed and lack of professionalism also work against the musicians' success. The data shows that New Brighton musicians, both male and female, do not have enough performance opportunities and there are fewer chances to tour now than there were from the 1960s through the 1980s. As in the apartheid era, female vocalists are still discriminated against in terms of pay, and men discriminate in how they pay other male musicians. Analysis of the vocalists' jazz compositions revealed that their song lyrics depict a bona fide urban African culture and reflect the emotional needs of the society in which they live.

Women are now making their mark in virtually every economic sector including traditionally male strongholds of engineering, heavy transport, construction and manufacturing. Probably the most spectacular progress by women has been in the public sector. Many women now have voting rights, follow careers which demand that they work outside of the home, enjoy professional status equal to their male compatriots, occupy top leadership positions in their societies and, furthermore, fulfil their traditional roles of wife and mother. The present study is an attempt to explore a female eader’s perceptions and experience of discrimination in her place of work. The problem has been that although there have been significant changes in women’s increased representation in recent years, it is believed that women who succeed in obtaining top management posts still have to deal with unfair barriers. These need to be more carefully explored and understood. In this study I focus on one female leader’s perceptions and experiences of leadership in an institution of higher learning. The advantages and disadvantages of such a small case study are discussed later. A phenomenological approach was used for obtaining information pertaining to the phenomenon “female leadership”, because phenomenology does offer ways of understanding not offered by other research methodologies. It enables the researcher to enter the lived world of the researched, and understand events and perceptions from a fresh point of view. A semi-structured interview was used to allow the respondent freedom to elaborate on responses in whatever manner she wished. The results obtained indicate that women are in a life-world in which, apart from the general experiences shared with their male counterparts, they are also exposed to many other forms of discrimination. Some of these are subtle, and result from years of socialisation into perceived gender role expectations. I hope that what I have discovered may help to contribute to the small but growing body of literature that seeks to understand women leaders’ experiences, and perhaps in time play a role in enhancing their relative position in education and society at large.

This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.

Does our status impact the way we interpret change? This study proposes that one's level of power within their workplace, as granted by their role within the organization, shapes the way in which people interpret adjustments to the norms of that organization. Drawing on qualitative focus groups with forty-four members of Oregon's construction trades, this study examines the relationship between participants' position within the industry's structure and their opinions about the changing job site norms brought on by recent waves of diversification in the workforce. Findings suggest that within Oregon's construction trades, hierarchical distribution of power via industry position serves to stratify and reorganize the attitudes and responses of participants. This is done through situating knowledge; different positions hold differential understandings of which issues generate harassment, present barriers to progress, and serve as potential solutions to the issue. Results show that participants who occupy positions of power within the trades tend to frame harassment as an interpersonal problem, which can be solved by interpersonal solutions. Thus, participants in positions of power saw change as an incremental process that was constantly happening. Conversely, participants who were not in positions of power within the trades tended to frame harassment as an institutional problem that required industry-wide changes to be fully addressed. As a result, participants with less power in the trades framed change as generational for the industry; something that could only be achieved after the current workforce. Ultimately, this study highlights the tension between interpersonal and institutional strategies for organizational change.

During the apartheid era in South Africa there was an unequivocal commitment to white supremacy, segregation and inequality. Discrimination but not on the basis of race was entrenched by the pre-democratic government. The 1980‟s saw the first steps towards reversing such practices through various measures, in the form of formal equality. Formal equality holds that the state must be act neutrally in relation to its employees and must favour no one above another. It assumes that all people are equal and that inequality can be eradicated simply by treating all people in the same way. Formal equality is therefore blind to structural inequality. Substantive equality in contrast to formal equality holds the value that equality is not simply a matter of likeness, that those who are different should be treated differently. The very essence of equality is to make distinction between groups and individual in order to accommodate their different needs and interests. It considers discrimination against groups which have been historically advantaged to be qualitatively aimed at remedying that disadvantage. The Constitution Act 108 of 1996 confers the right to equal protection and benefit of the law and the right to non discrimination. Prohibition of unfair discrimination in itself is insufficient to achieve true equality in a historically oppressed society. Hard affirmative action measures are required, the Constitution further explicitly endorses such restitutionary measures. Affirmative action is a systematic, planned process whereby the effects of colonialism and racial discrimination are being reversed in all areas if life. It is designed to achieve equal employment opportunities. In order to achieve this goal the barriers of the workplace which restrict employment and progressive opportunities have to be systematically eliminated through proactive programmes. Affirmative action is a delicate instrument of social engineering which must be used with caution. The Employment Equity Act 55 of 1998 gives effect to the constitutional provisions and to regulate affirmative action measures in employment. The Employment Equity Act spells out the beneficiaries, who should do the protection, and advancement and what may happen to employers if they fail to comply in the view of the Director-General of the Labour. However the explicit constitutional and legislative endorsement of affirmative action comes with its controversy and legal challenges and it has been left to the courts to resolve tension on the one hand and to ensure equal treatment on the other. / Abstract

The Government of South Africa has placed a lot of emphasis on economic growth and the involvement of Black people in the mainstream of the economy. The implementation of Broad-Based Black Economic Empowerment (B-BBEE) created opportunities for direct empowerment of Black females in ownership and management. The Construction Industry is being challenged to increase the number of Black females in management and ownership levels. Due to the nature of the Industry, only a small population of females considers Construction as a career option. The Industry has also lost a significant number of skilled Engineers and is experiencing a shortage of skilled managers in Middle and Senior Management Levels. The research problem questioned the current state of empowerment for Black women in the Construction Industry as measured against the B-BBEE Scorecard. The literature review focused on the requirements of the B-BBEE scorecard and Construction Charter. The second phase focused on gender equality and the achievements of women in Construction. The research design was done by using questionnaires to the South African Federation of Civil Engineering Contractors (Safcec) members in the Eastern Cape. The research design and survey aimed to determine the status of empowerment in the Construction Industry. With reference to both the literature review and the empirical findings the state of female empowerment can be determined. Therefore iv recommendations and opportunities for further research in this regard can be identified.

Due to the continual constant battle women have to face in order to progress in the workplace, it has become necessary to assess the degree of transformational change within the workplace within South Africa to try to establish just what these barriers are and how it can be overcome. To examine the main problem, three sub-problems were identified. The first sub-problem that had been identified dealt with what the women’s rights in the new South Africa. It was investigated by evaluating the situation in the New South Africa and what has changed from the past. Is there more gender equality or not. The second sub-problem looked at the barriers that women face in the workplace. It is evident that sexual harassment, male chauvinism, trying to balance work and family as well as organisational structure and culture were among the top barriers that are a hindrance to women’s advancement in the workplace. Finally, the third sub-problem investigated what the glass ceiling effect is and the effect that this has on women in the workplace. The investigation evaluated, and emphasised the difficulties that women face in order to progress in the hierarchy of not only management but other occupations as well. Results have shown that most females and males believe that the glass ceiling is prevalent in the workplace. Most people believe that women can however break through the glass ceiling but now there is a new phenomenon, “The Glass Cliff” which allows women to break through the glass ceiling but only of organisations that are already in trouble.

Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.