Thesis (M. Phil. (Communication Management))--University of Pretoria, 2004. / Includes bibliographical references. Available on the Internet via the World Wide Web.

Thesis (M.S.)--Wisconsin. / Includes bibliographical references (leaves 67-72).

Thesis (Ph. D.)-University of Queensland, 1999. / Title from PDF t.p. (viewed Nov. 13, 2009). Includes bibliographical references and index.

Affirming actions, fallacy of American post racial society: Policy analysis and critique of United States Supreme Court effect on Black student access to higher education. Since the inception of the country that is now known as the United States of America, the inquiry of racial equity and inclusion is one that has not been unequivocally and diligently answered. In attempt to remedy these societal burdens, the government leadership has retreated to various affirmative action policy initiatives. The affirmative action policies range from Executive Order from the President of the United States, policies in governmental contractors work sector, to university admissions policies. In turn, these policies, especially the college admissions policies, have been legally scrutinized and attenuated by the United States Supreme Court. As a result, theses policies, that were initially put in place to help Black students get equitable access to higher education, have had meager effects on creating a equitable education society. The meager effects are attributed to continuous restrictive guideline and regulations of the Supreme Court. In that vein, chronological research findings suggests that the Supreme Courts decisions have had injuriously powerful impact on Black students ability to get into an institute of higher education and subsequently find economic success. Furthermore, society’s increasing apprehension and non-understanding of the fundamental goals of affirmative action suggests that the Supreme Courts affirmative action decisions will morph from the restrictive and injurious strict scrutiny to permanent decease of any utilization of race based policy.

Although affirmative action is a beacon of hope for millions of South Africans, it is unfortunately also a source of potential unrest amongst the minority groups, since personal security and integrity in interpersonal relationships between races are being threatened. In light of this it seems as if the government of the day is challenging universal principles by means of their affirmative action policy which may lead to distrust and broken relationships. The aim of this study is to investigate the potential impact of affirmative action on characteristics of interpersonal relationships by means of a Personal and Professional Leadership perspective. In order to accomplish the aim and objective of this study, the following specific goals are set for this research essay: § to identify and describe characteristics of interpersonal relationships by means of a Personal and Professional Leadership perspective; § to identify and describe features of discrimination; § to identify and describe features of affirmative action; § to investigate possible implications of affirmative action for characteristics of interpersonal relationships. / Prof. D.P.J. Smith

South Africa’s history as a nation is replete with examples of inequality and unfair discrimination. The working arena was no exception to the rule. In fact, it was one of the areas where inequality was most prevalent. Discriminatory legislation was promulgated under the Apartheid regime. These laws enforced differential treatment of employees along racial lines. After 1994, the newly democratic South Africa, through the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter referred to as the “Constitution”), regarded all people as equal before the law and entitled to equal benefit and protection under the law. National legislation was subsequently promulgated to give effect to this constitutional objective. The Employment Equity Act 55 of 1998 (hereinafter referred to as the “EEA”), specifically, gave effect to all employees’ constitutional right to equality in the workplace. Under the EEA, unfair discrimination was forbidden. The EEA also required employers to implement measures to eradicate the injustices of the past. Subsequent to the enactment of the EEA, the Courts reiterated two tests to determine whether unfair discrimination had taken place in the workplace. It also tested whether an affirmative action measure could justify such unfair discrimination. These two tests, referred to in Harksen v Lane NO and others (CCT9/97) [1997] ZACC 12 (11) BCLR 1489 (CC) (Hereinafter referred to as the “Harksen test”) and Minister of Finance v Van Heerden 2004 (11) BCLR 1125 (CC) (Hereinafter referred to as the “Van Heerden test”), were unfortunately applied by the Courts in an inconsistent manner. This created confusion about which test found application in specific circumstances. The Constitutional Court then clarified the confusion through the South African Police Service v Solidarity obo Barnard (2014) ZACC 23 (CC) (Hereinafter referred to as the “Barnard” decision”). It is important to note that this study does not seek to evaluate the correctness of the Barnard decision, nor does it consider the cases prior to the Barnard decision. Rather, this study considers the extent to which the Barnard decision informed later cases dealing with unfair discrimination and affirmative action. In the remaining chapters of this treatise the writer will attempt to answer this question as follows: In chapter two, the legislative framework applicable to issues of unfair discrimination and the application of affirmative action is discussed. Chapter three comprises of a detailed analysis of the Barnard decision. In chapters four and five the writer investigates how the Barnard decision informed four recent cases concerning affirmative action and unfair discrimination in the workplace. These discussions enabled the writer to, in the final chapter; conclude that all four cases were indeed informed by the Barnard decision. The Department of Correctional Services case, however, reiterated the Barnard decision to its fullest extent.

D. Lit. et Phil. / The process of change can be complex and the introduction of affirmative action in South Africa against an apartheid backdrop is undoubtedly one such change. In 1998 the Employment Equity Act was passed. The purpose of the Act was to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and; implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation iIi all occupational categories and levels in the workforce (Government Gazette, 1998). Whilst the concept is not new and has been extensively researched in several countries, it was introduced under unique circumstances in South Africa (Luhabe, 1993). There is therefore, a need for the generation of additional theories that are relevant and applicable to South Africa's unique circumstances -theories that are grounded in, and account for this area in South Africa. As Stamp (1999) put it, a grounded theory that is generated form the ground up". The present study aimed to generate theory from the lived experiences of black affi'rmative action participants in South African organisations. The study intended to look at how affirmative action is experienced by beneficiaries without prior judgement from previous literature on the subject. It aimed not to verify past theories but to understand the situation as it is experienced. Hence, the grounded theory method of analysis was chosen by the researcher. Grounded theory is a qualitative method that generates theory by the systematic collection and analysis of data (Glaser,1992). The grounded theory method of research aims to generate new theory that is grounded in the data of a substantive area. It therefore aims to create theory from the central themes and categories that emerge form the data.

Affirmative action is a sensitive and controversial topic evoking a host of emotional reactions regarding tokenism, window dressing, reverse discrimination, lowering of standards, empowerment, disregard for meritocracy and many others. It has been a discussion area in countless number of seminars, symposia and conferences held within our borders. Masters and Doctoral thesis and dissertations have as well researched the topic to provide clarity, understanding and new insight into the notion of affirmative action; but most researchers examined the views of management on affirmative action neglecting opinions and views of the very beneficiaries of affirmative action programme – blacks, women and the disabled. The primary objective of this research exercise is therefore to analyse beneficiaries’ perceptions of affirmative action in Company XXX – that is how they feel about affirmative action and how their feelings may have an effect on the success or failure of affirmative action. This research is of a qualitative nature and enquires into the historical and present context of affirmative action in Company XXX; lessons learned from other countries; assumptions about affirmative action and beneficiaries perceptions of affirmative action programmes in which they are engaged and their ideas of changes and improvements to the programme. Research method used consists of in-depth interviews with a sample of nine beneficiaries from Company XXX using employment equity criteria. Policy documents and reports on affirmative action in Company XXX were scrutinized. Research findings reveal the following amongst others: <ul> <li> That affirmative action programmes generally fail to provide black managers/beneficiaries with a sense of purpose or belonging in their organization</li> <li> That the programmes fail to address problems of racism and resistance to change in the organization</li> <li> That the aims of affirmative action are rarely made explicit</li> <li> That beneficiaries are not given adequate authority and responsibility</li> <li> That beneficiaries are more confident about their abilities</li> <li> That buildings are not sufficiently accommodative of disabled beneficiaries who are wheelchair bound</li> <li> That the environment does not give adequate support to beneficiaries to help them succeed</li> </ul> Research results indicate that beneficiaries feel that affirmative action is good for the organization and economy if implemented correctly and if the necessary support training is provided to them to help them meet and exceed their employers’ expectations. Although they agree that productivity may sometimes be lowered to an extent on their appointment, they feel that it is not an exception. It is common knowledge that a new appointee cannot be as productive as a person who has been in the same positions and received rigorous training as well for a long time. Given reasonable time and the necessary support, the short-term costs of appointing affirmative action beneficiaries will be far outweighed by the long-term benefits. Copyright 2004, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Boikhutso, RA 2004, Qualitative analysis of the perceptions of affirmative action beneficiaries in South African parastatals, MAdmin dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-03162005-143810 / > / Dissertation (MAdmin (Labour Relations))--University of Pretoria, 2006. / Human Resource Management / unrestricted

This dissertation attempts to delve in to the controversial and complicated world of affirmative action and transformation in South African sport. The history of this country is taken into account as we are still grappling with the legacy of apartheid in sport. Various sports are analysed in detail in tandem with the way these policies are implemented by the government. We look at the progress being made by the various administrators in sport at the provincial and national levels. The research was mainly focused on legislation that has been passed on the above issues and tested against the Constitution. One has to try and determine if affirmative action has a legal basis in the sporting arena and analyse the drawbacks already faced by the implementation of these policies. I have also tried to incorporate the experiences faced in Australia and New Zealand as they have both faced challenges of a similar nature in their sporting environments. It is important to acknowledge that there will never be an overnight solution to the challenges we face in sport. The road we have embarked on is a long and winding one and patience is indeed a key component as we strive to move from our bitter past. This has always been a sensitive issue in South Africa and great lengths have been taken to be as objective and as sensitive as possible in the work. / Dissertation (LLM)--University of Pretoria, 2011. / Procedural Law / unrestricted

It is both a Constitutional imperative and the South African government's policy that the historical imbalances of the past be redressed. As a result thereof, the SANDF as a state entity is expected to comply with these stipulations. The objectives of this study are therefore to examine the nature of the policy of affirmative action in the SAMHS, and the nature of the problems experienced with regards to the implementation of this policy within this organisation during the period 1995 - 2000. On examining the nature of affirmative action policy in the SAMHS, it becomes obvious that this organisation did not have blacks as commissioned officers prior 1994. The number of black officers currently found within the SAMHS appears to have resulted from the integration process. Further analysis reveals that the SAMHS did not utilise the opportunity provided by the Defence Review in 1998 to become representative. Strategic positions were therefore still held by former white SADF members during the period under review. The sunset clause which was accepted during the political negotiations (1990 - 1994) seems to have contributed to the non implementation of this policy because the old guards' positions were secured during the first five years of the new democratic dispensation. / Dissertation (M (Political Policy Studies))--University of Pretoria, 2007. / Political Sciences / M (Political Policy Studies) / unrestricted