LL.M. / Constitutions seldom protect the right to occupational freedom by name. When they do, the right is cast in a choice / practise mould or is protected with reference to a right to a livelihood. There is a lot of overlapping between this right and the other rights protected in the South African Constitution. For this reason it is sometimes asked if it is at all necessary to protect the right to occupational freedom by name in the Constitution. There are two considerations in favour of inclusion of the right in the Constitution. The first one is historic — in view of the previous serious human rights violations, it is important to also include this right in the Constitution. The second consideration centres around the importance of the right, where it relates to an activity that occupies an enormous amount of time and very often provides the main, if not the only, source of sustenance to the individual and his or her family. In terms of section 22 of the Constitution, only citizens can be bearers of the right. Whether juristic persons can also be regarded as citizens for purposes of this article, is a difficult question. It is suggested that a wider interpretation of the definition of a citizen is possible that would include juristic persons. This definition is derived from the Constitution itself, rather that from the terms of the Citizenship Act. If the Court finds that a juristic person cannot be regarded as a citizen, the juristic person should be able to turn to other rights in the Constitution that it can be a bearer of, for the protection of its right to occupational freedom. The right to occupational freedom encompasses a wide palette of activities that can all be embraced by the term "occupation". An occupation has two main characteristics: it is practised for a fixed period and provides income to an individual. The economic or social value of the occupation, or its lawfulness or harmfulness to society cannot be used as criteria to exclude a particular activity from the right's field of protection. It is submitted that section 22, despite decisions to the contrary, protects both the choice and the practice of an occupation. A different interpretation would render the right meaningless: it does not make sense to protect the right to choose an occupation, without also protecting the act with which the activity is made externally distinguishable. The fact that the section expressly provides for the regulation of the practice of an occupation would imply that this aspect of the right is also protected. Because the state is bound by the provisions of the Bill of Rights, it has the duty to protect, promote and fulfil the rights. There is however no positive duty on the state to provide work. The right to occupational freedom can also feature in private relationships. The justification of a limitation on the right presents a number of problems. It should firstly be emphasised that the second sentence in section 22 does not constitute a socalled "claw-back clause". Such an interpretation would not be in accordance with the supremacy and the justiciability of the Constitution. The second problem relates to the finding of a proper yardstick to evaluate the justification of limitations on the right. It is suggested that a rational connection test, as is applied in the United States in the case of economic regulation, is too narrow to provide for the wide array of scenario's and activities that is encompassed by the right to occupational freedom. This right provides a battlefield on which difficult choices must be made regarding the weighing of the (sometimes) very important interests of the individual against the, equally important, function of the state in regulating the economy. The situation is even more complicated when two private actors enter the scene, where both may claim protection under the right at the same time. For this reason, it is submitted, that a differential approach must be followed. The general limitation clause with its list of factors provides a very useful tool in this regard. The German Stufenlehre provides an example of how the requirements for a valid limitation can be adjusted to cater for varying degrees of intensity in the factual limitation of the right. The Stufenlehre classification of objective and subjective limitations on the choice of an occupation and measures relating to the practice of an occupation, may also be useful. This classification reflects the formal structure of section 22 and takes the distinction between the choice and practice of an occupation into account. The fact that only the latter incorporates a specific limitation may reflect the intention of the legislature to ease the requirements for the justification of an infringement on this aspect of the right to occupational freedom. The intensity of the infringement and the subsequent level of justification required must be determined separately in the case of each set of facts, while always applying section 36 of the Constitution.

Migrant labour constitutes one of the perennial problems of the political economy of the Southern African region. The movement of people between their home countries and the gold mines in South Africa is over a hundred years old. In this sense, labour migrancy predates apartheid, and is now threatening to outlive it. Migrants working in South Africa make up a sizable proportion of the total wage earning population of the neighbouring countries (Botswana, Lesotho, Swaziland, Mozambique and Malawi). Their entrenched dependence on migrant-based revenue has made them vulnerable to fluctuations in labour flows to the gold mines (Davies, 1992) The developments since the first quarter of 1988 have altered the terms of debate on migrant labour. With the independence of Namibia and the establishment of a new government in South Africa, to name but a few, the pattern of future regional cooperation has become a central issue. Likewise, the debate about labour migrancy has entered a new phase. Given the current political changes, and yet to take place, this study constitutes a modest attempt to contribute to the debate by examining the prospects of restructuring of labour migrancy to the gold mining industry. The central aim of this undertaking will be to establish what the future holds for the foreign component of the labour force. The focus here will be on the emerging debates in this area, policy pronouncements by major stakeholders, the Chamber of Mines and the new Government of National Unity. However, an informed forecast on the future of labour migrancy is possible only if we establish the conditions that created it in the first place; how it has been constructed overtime; and the successive moments of transformation in the system. In this regard, this study will locate the origins and development of labour migration in its proper historical context ~ before drawing conclusions about the future of the system. In this scholarly pursuit one does not pretend to break a new ground but rather to re-interpret the current literature on migration and establish whether the current pattern of labour migration will change. The research will be based mainly on secondary materials, drawing extensively on published materials, journals and articles.

In recent years, it has become clear that a lot of corporate collapse can be traced down to poor leadership. As more and more black executives are climbing the corporate ladder, it is becoming all the more necessary to explore how their effective leadership development can occur with private organisations in South Africa. There are many challenges and constraints associated with the leadership development of these executives. This can be expected as they are entering an environment which has been largely white-dominated. As a result they find themselves facing the challenges of succeeding amidst negative perceptions they have experienced from their superiors and subtle pressures from subordinates. Therefore, it can only be expected that if organisations are to maintain a competitive advantage they need to understand how to effectively develop this new breed of leaders. Hence, the researcher has used a qualitative approach to investigate the complexities of the experiences of black executives in private organisations. In terms of the theoretical framework, the research focuses on some of the new approaches to leadership. It was discovered that leadership development is essentially a process that goes beyond mere training sessions, and largely involves the relationships one has within the organisation. This involves relationships with superiors, peers, and subordinates. The research indicates that if these relationships are managed effectively, leadership development is enhanced. Whilst the role of formal training programs appeared somewhat downplayed, it was clear that these programs had a strong role in terms of their psychological impact on participants. They certainly affected their perception of the organisation and their own self-efficacy. The research, therefore illustrates how there are a variety of individual and organisational attributes that form a basis for effective leadership development of blacks in private organisations. The researcher argues that if these are implemented, organisational well-being is enhanced.

Section 187(2)(b) of the Labour Relations Act sets out certain justifications for what may seem to be unfair discrimination in the workplace. The purpose of this note is to discuss the provisions of Age Discrimination, with specific focus on the rights of older employees, who have reached, what some might term, the ‘normal or agreed retirement age’. In the discuss which follows reference will be made to the Constitution of the Republic of South Africa1 in order to investigate the provisions of our new democratic era, and what is said therein about discrimination, and age discrimination in particular. In our new Constitutional dispensation there have also been circumstances where certain kinds of discrimination have become accepted on society, for example Affirmative Action, and an enquiry into the difference between discrimination and differentiation will therefore also be necessary. The provisions of the Employment Equity Act,2 which deal specifically with eliminating unfair discrimination in the workplace, and the Labour Relations Act,3 which deals primarily with the rights of employees, employers and trade unions, and seeks to harmonize employer-employee relations will be discussed wherein specific reference will be made to section 187(2)(b) of the LRA. A further discussion will outline the circumstances of what is meant by dismissal in the context of age based dismissals, and whether such a dismissal is infact a dismissal and whether, within the requirements of the LRA such a dismissal, or termination of employment contract, is infact fair. Furthermore, a comparative perspective of other jurisdictions will give a more complete understanding of the issue of age-based dismissals within the current context. However, to refer to legislation and foreign decisions alone, while being of important reference, is not enough and a enquiry into our own case law will be of significant importance to determine a path of direction one can expect when faced with a question of dismissals based on mandatory retirement ages, and in particular, a dismissal which has been so executed with recourse to section 187(2)(b) of the LRA. In the various cases the reasoning and rationale behind the decision making will shed light on a seemingly unresolved area of labour law, and in reading further not only in the judgments but also in various articles, one will see that there are many arguments for and against the use of a mandatory retirement age, the most important of which will be highlighted.

M.B.A. / Sasol embarked upon an ambitious programme to adopt affirmative action measures for the diversification of the workplace, long before the promulgation of the Employment Equity Act 55 of 1998. However, 8 years after commencing with this process, the organization's diversity status across all the junior, middle and senior management employment levels looks bleak. Despite the good, professed intentions by top management to diversify the workplace; in compliance with the Act, the process is being hindered by strong resistance. Responding to a questionnaire in annexure B on support for affirmative action measures, 98% of white males said they did not support them. The study sought to elicit an answer to the question as to whether the programme was being resisted/opposed or not. Only by uncovering the depth and nature of the resistance, could recommendations be made to accelerate the process. Questionnaires were completed by racially and gender diverse respondents. Overwhelmingly, responses by Africans, Coloureds and Indians indicated resistance to Sasol's type of employment equity practice. This is illustrated by the overall satisfaction index per race in figure 5.4. These designated groups, however, unanimously welcomed the creation of an equitable workplace through affirmative action measures. White males clearly opposed the implementation of affirmative action measures.

M.A. (Industrial Psychology) / South Africa is a country richly blessed with natural and human resources. Optimal utilization of human resources is of great importance for economic development, but a number 9f factors with specific reference to the South African situation restrain this development, i.e; A shortage-of skilled labour 2. A small white population that has to satisfy the demand for skilled labour, and 3. A shortage of supervisory and middle management. By means of training, the shortage of skilled labour can be reduced and by placing Blacks in supervisory positions the demand on the white population can be eased. One of the first levels of management is that of the first line supervisor. The position of the Black first line supervisor is receiving more and more attention from industrialists who realise the importance of these supervisors for the healthy functioning of an organisation. Black supervisors can be effective, but they have to be selected and trained correctly. The focus of this study is placed on the selection of Black first line supervisors. Two selection instruments, The Work Preference Questionnaire (WPQ) and the Picture Situation Test (PST) were specifically developed for this purpose, but the metric qualities of the tests were not known until now. The aim of this study is to determine the validity of these two selection instruments. The model for concurrent validity is used.

Masters in Public Administration - MPA / This study focused on Black Economic Empowerment and gender in the liquid fuels industry. It explored the possible means of empowerment and questions the seriousness of organizations to institute programmes that are gender sensitive. The liquid fuels industry in South Africa served as the pinnacle of the apartheid state. It possessed the strength to survive the onslaught of the economic sanctions imposed as a result of apartheid. It was because of these stringent economic sanctions that it was forced to survive on its own with limited assistance. The advent of democracy in 1994 gave this industry the impetus to grow in terms of Gender and Black Economic Empowerment. / South Africa

Bibliography: pages 233-248. / This dissertation seeks to examine an area of South African historiography which has largely been ignored, that is, domestic labour. It posits a relationship between working class women, domestic labour paid and unpaid. The material has been arranged around the primary objective of examining the silence around domestic labour and highlighting the gender content of domestic work. It is divided into two parts. The first part examines the conceptualization of class and gender struggles, while the second part examines aspects of working class women's experience of this. Chapter One deals with why women have been ignored in recorded history; Chapter Two examines Marxist approaches to the Woman Question. Chapter Three examines the silence arourid women's experience in South African historiography, while Chapter Four is a critical examination of the recorded history of domestic workers. Chapter Five examines aspects of black working class women's experience of domestic labour in their own families, while Chapter Six documents the experience of a group of organized workers in Cape Town. The study concludes that the way forward is to develop a gender sensitive class analysis as outlined in the work of Lise Vogel. This will open up new areas for research, for example, the rise of the public and private dichotomy, the separation of productive and reproductive labour, the ideology of motherhood and sexuality as well as the changing nature of the social construction of gender identity.

A thesis submitted to the Faculty of Commerce, Law and Management, University of the Witwatersrand, in fulfilment of the requirements for the degree of Doctor of Philosophy, November 2018 / South Africa gained strong recognition all over the world after the fall of apartheid. Alas their quest to depolarizing the economy of the country has not ended. Several transformational initiatives have been set up by the government to accomplish this feat, the latest and most successful, in terms of economic empowerment, is the Broad-Based Back Economic Empowerment (BBBEE) Act. This initiative has however, been criticized by academics and its direct beneficiaries as not fulfilling its underlying purpose which is to smooth the coexistence of its diversified society. The question has been “is this just another initiative that gives the picture-perfect demographic representation in the work environment or is it giving us much more?” A major discourse has been controversies about the Act’s operationality in achieving its aim and its possible contribution in reinforcing discrimination resulting from societal power shift; hence, the backlash effect on beneficiaries and reverse discrimination on the non-PDI’s (previously disadvantaged individuals). It is on the premise of these questions and criticisms that this research strives to evaluate the Broad Based Black Economic Empowerment initiative as a diversity initiative that has gone beyond managing diversity to fostering diversity. It introduced a framework for fostering diversity which was used as a guideline in developing the Fostering Diversity Index questionnaire. Purposive sampling was used, focusing on nine top BEE companies as rated by EmpowerDex. A well-structured questionnaire was developed and distributed within the companies. These companies had their organisational culture assessed, psychological empowerment evaluated and social perceptions of diversity through the implementation of BBBEE evaluated. Findings from this research indicate that the BBBEE Act has a good potential for fostering diversity; however, fostering diversity requires an organisation to have a culture which embraces diversity as well as an adequate level of psychological empowerment. Without both, there will always be the disconnect between a government diversity initiative, such as the BBBEE and the internal state of affairs of the organisation. This study shows the dynamic relationships between organisational culture, social perception of diversity and psychological empowerment within these top-rated BEE companies. Gender was the only factor that predicts workplace diversity. Among the implication to policy, it is recommended that the implementation process of BBBEE be reviewed to attend to the salient issues of diversity. / XL2019

A research report submitted to the Faculty of Commerce, Law and Management, University of Witwatersrand, in partial fulfillment of the requirements for the degree of Master of Management in Business Executive Coaching Wits Business School, Johannesburg February 2017 / This research was conducted to explore the career experiences and career transitions of African women Chartered Accountants in the South African business environment where employment equity of race groups is sought. The international pursuit of gender transformation at the executive level, together with the South African employment equity targets, makes professional African women a key group for employers. Their lived experiences and career transitions challenges were the focus of this study. Qualitative research was deemed the most suitable approach to obtain depth of understanding of an area that has not previously been researched. Semi-structured interviews provided insight to participants who experienced transitions within professional services firms (PSF), returned to PSF, and transitioned out of PSF to other corporates. Since career transitions of this group of professionals did not appear in the literature, a theoretical framework of related literature was derived, which informed the development of a semi-structured interview guide. Sixteen interviews were conducted with participants from South Africa’s Gauteng province. Participants fell into four groups: those who remained in PSF, those who returned to PSF after having left, those who left and were at a managerial level, and finally, those who had left and were at executive levels. Interviews, with permission of the participants, were recorded, transcribed and analysed using ATLAS.ti software. The analysis resulted in 145 codes, 23 categories and 10 themes. The increase in black women professionals in organisations is slower than would have been expected, with monitoring emphasis placed on overall racial transformation rather than gender-specific change. This research found that African women CAs experienced being regularly targeted by recruiters and employers for positions. Participant career transitions were found to be impacted by South Africa’s employment equity legislation, resulting in career fast-tracking initiatives and being targeted as new hires by organisations. Participants’ lived experiences highlighted that their first transition into the work environment established a basis for comparison when experiencing subsequent transitions. Career transition challenges experienced include racial tensions resulting from perceived fast-tracking, organisational unpreparedness in assisting newcomers, and a lack of role models and structured support. Tenure is impacted by ineffective transition experiences. Organisations lack sufficient programmes to cater to the unique challenges faced in these career transitions. Thus, coaching is proposed as a suitable intervention. Family backgrounds, role models and other significant networks are not generally available as support resulting in a need for coaching. Based on different types of transitions identified in the study, a model was developed to guide business coaches in assisting future clients in preparing for transitions, going through career transitions, as well as establishing themselves within new organisations. Further research should take in a wider sample, as this study was limited to participants within Gauteng. Studies focussing on other professions such, as the legal, medical and engineering profession, are recommended to establish the lived experiences of African women’s career transitions. / MT2017