M. Phil. (Human Resource Development) / Fourteen years since Employment Equity Act (No. 55 of 1998) was promulgated, the corporate sector remains racially polarised. Although Act, No 55 of 1998 mandated organisations to appoint transformation managers with executive authority and resources to drive reform, the meagre progress and increasing income disparities in favour of the previously advantaged groups suggest that these managers are somehow ineffective. The study explores experiences and views of transformation managers regarding the policy - practice related challenges they encounter in driving employment equity in the corporate sector. Examining challenges encountered by transformation managers, as accountable executives, would assist in identifying disruptive and undesirable factors that stymie corporate labour market reform and lead to the development of contextualised short and long term mitigation strategies. A phenomenological approach was applied to answer the main research question. My ontology was based on transformation managers’ subjective construct of their own realities, and studying their experiences encountered in the course of executing their mandate would best give insight into these hindrance factors. My epistemological position was that the perspectives of people involved with managing transformation in corporate organisations were relevant; therefore I conducted interviews with five transformation managers from different corporate organisations. The study confirmed that with focus on achieving employment equity numbers little attention has been given to promoting and valuing diversity, and that corporate culture is characterised by racial mistrust, fear and resentment. Lastly, the study confirmed fault lines in the effectiveness of transformation managers.

Magister Administrationis - MAdmin / The shift from an ethnocentric, monocultural society to a more inclusive and democratic society should be accompanied by a national policy providing equal access to resources in a proactive, affirmative manner. This can be achieved in one of the two ways, either through equal employment opportunity or Affirmative Action. Affirmative Action is a specific intervention directed toward ensuring that employment opportunities are created by actively correcting imbalances caused by past discrimination and achieving employment targets. Equal employment opportunity implies an absence of discrimination, whereas Affirmative Action denotes compensatory discrimination in favour of disadvantaged groups. Affirmative Action is a supplement to, rather than equivalent to equal employment opportunities in that equality cannot be a genuine option where the effects of previous discriminatory practices have not been redressed. In an equal opportunities system, not all persons have the same chance of achieving the desired goal, but all are provided with equal means to achieve it. The unequal outcome of such a system is caused by the unequal skills for talents of the past discrimination, especially in terms of education and experience. All the Directors of Tygerberg Administration who responded to the questionnaires supported this and all of them agreed that training is necessary for all employees, especially the previously discriminated groups. The primary objective of Affirmative Action can therefore said to be the adequate advancement of disadvantaged groups for the purpose of securing equal rights, freedom and opportunities.Equal employment opportunity is seen as a passive agreement on the part of the employer not to discriminate against any particular group. Employers adhering to the principle of equal employment opportunity evaluates candidates for employment according to performance criteria which relates directly to the requirements of a particular position. Affirmative Action seeks to go beyond equal employment opportunity in that it recognises that, when members of disadvantaged groups constitute only a small percentage of the labour pool, passively providing equality of opportunity will not suffice in overcoming the effects of previous discriminatory employment practices. Affirmative Action employers are therefore given the mandate to identify and remove the barriers to the employment of those under-represented in the workplace. Merely removing the present obstacles to equality does not necessarily ensure equality between groups since the effects of previous discrimination need to be actively redressed. It can be noted that equal employment and Affirmative Action programmes should not be equated with each other as they imply different approaches to overcoming the effects of previous discrimination. Affirmative Action is said to be a supplement to, rather than the equivalent of equal employment opportunity, in that it is required to eliminate the barriers to real equality in the workplace. In this regard, it is essential to point out that Affirmative Action programmes are a means to an end, namely equal employment opportunity, and should not continue after this end has been achieved. Due to the similarity between the two terms, Affirmative Action and equal employment opportunity are often equated with one another when, in essence, they have different meanings. From the information gathered for this research it was clear that not many Blacks were employed in management and supervisory positions of the City of Tygerberg. The research revealed that despite adopting the Agreement on Affirmative Action and equal employment practice of the National Labour Relations Forum for Local Government as its policy framework, the Tygerberg Administration had not succeeded in meeting most of its obligations in terms of the above mentioned policy framework. This is largely ascribed to problems experienced with the implementation of equal employment and Affirmative Action programmes within the local authority. The methods of communicating these programmes to especially its lower category of disadvantaged employees to participate in training opportunities to improve their working skills, were not capitalised on. There was an unequal distribution of skills due to the effects of past discrimination, especially in terms of education. Active steps therefore need to be taken to ensure that the intentions of the local authority with repect to equal employment and Affirmative Action are implemented efficiently and effectively. / South Africa

Masters in Public Administration - MPA / This research focused on affirmative action, equity in the workplace, skills development and training. It examined the manner in which policies and practices aimed at realising representativeness were implemented by the City of Cape Town. Reasons for the slow progress made at realising representativeness in the City of Cape Town were identified as well as the shortcomings of current policies, procedures and practices. / South Africa

Magister Commercii (Industrial Psychology) - MCom(IPS) / There have been good arguments made for the development of aggressive affirmative action policies with the end goal of quickly moving black South Africans into corporate and high ranks within management of organisations. One of the central arguments in favour of aggressive AA policies is the risk of racial polarization post-apartheid should a quick fix not be initiated. It makes good business and economic sense for AA policies to be implemented as black consumers coupled with black managers will have the eventual end point of lower unemployment and crime, through job creation and security of the representative majority. / South Africa

Percentage plans such as the Talented Twenty program purport to assist and motivate high ranking students to attend college and grant access to higher education. This type of plan is particularly important to students enrolled in high priority schools who might not view themselves as potential college students. This study examined the relationship between Florida’s Talented Twenty program that begins intervention with juniors and the college aspirations for high ranking students at a high priority school. Numerous studies have established that increased levels of education lead to higher salaries, career mobility, and an increased quality of life (e.g., Bowen, 1997; Leslie & Brinkman 1988; Pascarella & Terenzini, 1991, Swail, 2000). Given the importance of students’ decisions regarding whether or not they will attend college, understanding how and when they make decisions about attending college is important for them, their parents, advisors, and educational administrators. This research examined students’ perceptions and insights via interviews. The overarching research question was: How do high ranking high school students attending a high priority school in a south Florida district perceive their college opportunities? Sixteen high ranking students, grades nine – 12 from a high priority school in Miami-Dade County participated in the study. Participants were identified by a school counselor and individual semi structured interviews were conducted at the school. Utilizing a student development theoretical framework developed by Hossler and Gallagher (1987) that centered on students’ predisposition, search strategies and choices, data were organized and emergent themes analyzed. The analysis of the data revealed that in alignment with the framework (a) parents were the strongest influence in the development of these students’ college aspirations, (b) these students formalized their higher education plans between eighth and 10th grade, (c) these students actively engaged in academic searches and learning opportunities that increased their chances to be admitted into college, and (d) there was no relationship between knowledge regarding the Talented Twenty program and their educational decisions. This study’s findings suggest that interventions and programs intended to influence the educational aspirations of students are more likely to succeed if they take place by the eighth or ninth grade.

Equality is a fundamental constitutional value in the Constitution. Formal equality presupposes that all persons are equal bearers of rights and that inequality can be eliminated by extending the same rights to all. Formal equality is blind to social and economic differences between groups and individuals. Substantive equality, on the other hand, is receptive to entrenched, structural inequality, meaning that the equality clause of the Constitution must be read as founded on a substantive concept of equality. An employer can utilise the defence of an inherent requirement of a job in the case of an unfair-discrimination claim since the defence is available in terms of both the Employment Equity Act, in respect of employment discrimination, and the Labour Relations Act in respect of discriminatory dismissals. The defence is narrow in that only essential duties of a particular job will be taken into account to determine inherent requirements of a particular job. Reported judgments where this defence is used are scant. What makes the defence more onerous is that an employer has to show that the particular employee could not be reasonably accommodated, before the inherent-requirement defence will succeed. It is integral to the determination of whether there was unfair discrimination and whether such discrimination was justifiable. An important debate in our discrimination law relates to the question of whether any significance should be attached to the fact that only unfair discrimination is outlawed. Neither of the aforementioned pieces of legislation clearly state that affirmative action or an inherent requirement of a job are the only defences available to employers. Where these two defences are found to be not applicable, may the fairness be decided in terms of a general fairness defence? This question is also addressed in the present treatise. It is submitted that foreign law is a valuable interpretive tool, provided it is used wisely, in that judgments originating from courts and tribunals in the United Kingdom and Canada may assist to provide an understanding of the issues central to employment discrimination law and the parameters of the defence of inherent requirements of the job. Thus, in developing employment discrimination law in South Africa, consideration of foreign jurisprudence may prove informative.

Affirmative action is the purposeful, 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 a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.

This dissertation is a journey through the legislative changes and case law in order to analyse and evaluate the changing nature of South African jurisprudence in respect of the notions of equality, discrimination and affirmative action and the manner in which these issues are proved and dealt with in our courts. It focuses firstly on the emergence of the post-Wiehahn labour laws and the developing jurisprudence concerning discrimination in South Africa towards the end of a long period of isolation from the international world. It witnesses the growing cognizance which was taken of international guidelines and their slow and gradual incorporation into our jurisprudence before the institution of the new democratic government, in the days when the country was still firmly in the grip of a regime which prided itself on its discriminatory laws. It also deals in some depth with the new laws enacted after the first democratic government was installed, especially in so far as the Constitution was concerned. The first clutch of cases dealing with discrimination which were delivered by the Constitutional Court and their effects on decisions of the labour courts thereafter, are dealt with in great detail, indicating how important those judgments were and still are ten years later. A special chapter is devoted to the Harksen case, still a leading authority on how to deal with allegations of unfair discrimination. Having traversed several of the judgments of the labour courts after Harksen, several observations are made in the conclusion of the study which, it is hoped, summarize the major areas of concern in respect of the task of testing claims of unfair discrimination arising in our Courts.

South Africa has undergone major social and political changes over the past two decades. In addition, new legislation in the form of the Employment Equity Act (No. 55 of 1998), which regulates employment practices in an attempt to make the workplace a true reflection of the South African population, was introduced to employers. The implementation of this Act has a major impact on organisations in South Africa and definitely influences the way in which they do business. Organisations, large and small, in every sector are being squeezed in all dimensions. They compete for customers whose expectations of quality, price and service are constantly increasing. Throughout the world, education, training and equitable working practices are recognised as essential ingredients to compete successfully and to ensure high performance practices. This research paper investigates whether the employee development strategies at Medscheme (the organisation selected for this study) are aimed at meeting employment equity objectives. An important reason for the investigation is that globalisation and the need for organisations to gain sustainable competitive advantage require new and different approaches for the recruitment, training, development and retention of employees with key skills. The key to success will, however, be for organisations in South Africa to find a middle way between ensuring equity, while remaining competitive. In order to achieve the objective of the research, the following approach was followed: Firstly, a comprehensive literature study was conducted to determine the legislative basis for equity and employee development; Secondly, a survey of literature dealing specifically with employee development initiatives available to organisations was conducted; Thirdly, the views of the employees within Medscheme were obtained to determine to what extent the organisation implemented the Employment Equity Act and what development strategies are used to facilitate the Abstract iv development of individuals from the previously disadvantaged designated groups to equip them for future positions in senior and top management; and, Lastly, the responses to the questionnaire were analysed to determine the extent to which Medscheme’s employee development strategies support the objectives of the Employment Equity Act.

This research project is about the “Factors Affecting the impact of Black Economic Empowerment strategies in enhancing previously disadvantaged beneficiaries in Mnquma Local Municipality.” The purpose is to examine the challenges faced by previously disadvantaged beneficiaries so as to emerge with new innovative BEE mechanisms that can be implemented to improve the situation faced by beneficiaries for the better. To achieve this objective, it was necessary to study the iterature of “Black Economic Empowerment” which is part of the Local Economic Development initiatives. In order to attain the main objective of the study and also to address the research problem face to face interviews were conducted with previously disadvantaged beneficiaries, Local Economic Development officials and councillors from five different wards of Mnquma Local Municipality. The literature review and the interviews helped one to come up with the recommendations to be adopted in order to remedy the situation of the beneficiaries. These recommendations will, hopefully, be of assistance to Mnquma Local Municipality. Findings of this study indicate that challenges faced by previously disadvantaged beneficiaries include: fronting, lack of finance, skills shortage like technical, management, budgeting and saving skills, absence of training workshops, and lack of support on SMMEs development as well as poor implementation of BEE policy by Local Economic Development Unit. The aforesaid challenges have negative effects on the implementation of BEE strategies which adversely affect the beneficiaries. Here are some of the recommendations made in this regard: support and assistance for previously disadvantaged beneficiaries like financial assistance, Khula financial schemes, bank loans, training and workshops, establishment of agricultural projects as well as assistance on coordination of co-operatives initiatives. Other recommendations provide possible solutions to these problems: corruption, nepotism and cadreship deployment. In order to act against these transgressions the following suggestions have been made in the study: containment of fronting, development of heritage and historical sites for tourists’ purposes, recommendation on BEE management strategies and also recommendation on business registration and licensing. The study concludes that if the Mnquma Local Municipality can execute all the proposed recommendations, all the factors raised as the stumbling block towards the success and beneficiary of the previously disadvantaged beneficiaries would be resolved.