The post-1994 role of women in the South African economy is changing with respect to issues such as education and employment opportunities. In the past, men tended to hold the primary or ‘good’ jobs, which have the greatest stability and promotional potential, whilst women tended to hold the secondary or ‘poor’ jobs, which have lower stability and lower wages (Kelly, 1991). Women’s labour force participation has risen significantly over the years since 1994, but more in depth research is needed in order to determine where and how changes could be implemented to ensure that any past gender inequalities fall away with minimal impact on the economy as a whole. As such, certain dynamics within the labour market need to be considered. Firstly, pre-market types of discrimination, including issues such as gender discrimination during the acquisition of human capital through educational attainment should be considered. In most countries, women enter the labour market with severe disadvantage in that they have been subject to discrimination in schooling opportunities (Standing, Sender & Weeks, 1996). Secondly, the feminisation of the labour force is dealt with, as well as what factors affect the female labour force participation decision (i.e. the decision of whether to participate in the labour market or not). iv Thirdly, employment discrimination is investigated, including the concept of ‘occupational crowding’. An analysis of trends in the occupational structure of economically active women in South Africa shows the typical shift out of agriculture into industrial related jobs (Verhoef, 1996). Lastly, wage discrimination is analysed, in order to determine if women get lower rates of pay for ‘equal work’. The objectives of this study are aimed at determining whether there have been any positive changes with respect to women in any of these focal areas mentioned above. There are studies that have established gender differentials when it comes to formal education, and these place women at the disadvantaged end (Bankole & Eboiyehi, 2000). If one considers the educational measures, namely, the levels of literacy, years of education, and overall educational attainment, employed by this country to determine whether there are in fact observed differences between the education of boys and girls, the following was found: Males rate higher with respect to two of these measures, namely literacy and educational attainment, and are thus able to exhibit lower levels of poverty than females in South Africa. Men exhibit slightly higher literacy rates than women of the same age (Statistics South Africa, 2002), and men also rate higher than women when it comes to university education. With regards to primary and secondary school attainment v since 1994, the gender gap does appear to have disappeared. The ‘neoclassical model of labour-leisure choice’, as applied in this study, shows that as the wage rate increases, women have an incentive to reduce the time they allocate to the household sector and are more likely to enter the labour market. In South Africa, however, the increase in the female participation rate has merely translated into a rise in unemployment and has not been associated with an increase in the demand for female labour. This implies that South African women are being ‘pushed’ into the labour market due to economic need, rather than being ‘pulled’ into the labour market in order to earn a higher wage. Women are gradually becoming better represented at all levels across a wide range of occupations. Women, however, continue to face greater prospects of unemployment and to earn less than their male counterparts even when they do find employment. These lower female wages are partly as a result of ‘occupational crowding’, whereby women are over-represented in certain occupations resulting in excess labour supply which drives down the wage rate. It has been determined that the problem of occupational crowding is a real and immediate one and has been found to depress wages within certain female specific occupations.

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This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study considered how South Africa recognized the right to promote equal pay, in the absence of a proper legal framework which expressly includes such a right. The paper also focused on the impact of statutes and case law on the developments of equal pay in the aforementioned industrialized countries. It also considered the impact of the decisions of the European Court of Justice on such developments as well as it impact on the interpretation of equal pay in these industrialised countries. The purpose of such comparison was not to transplant the legal system of these industrialised countries but to assist South Africa in remedying its weaknesses by creating legal rules for the promotion of equal pay for work of equal value.

This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study considered how South Africa recognized the right to promote equal pay, in the absence of a proper legal framework which expressly includes such a right. The paper also focused on the impact of statutes and case law on the developments of equal pay in the aforementioned industrialized countries. It also considered the impact of the decisions of the European Court of Justice on such developments as well as it impact on the interpretation of equal pay in these industrialised countries. The purpose of such comparison was not to transplant the legal system of these industrialised countries but to assist South Africa in remedying its weaknesses by creating legal rules for the promotion of equal pay for work of equal value.