The constitutionality of affirmative action in terms of section 8 of Act 200 of 1993 is investigated.
The study contends that in constitutional interpretation it is permissible to have recourse to
ethical precepts as long as these are anchored within the four corners of the Constitution. It is
contended that the •equality clause• does not prescribe equality of outcome in favour of
substantive equality of opportunity. It is asserted that group-based affirmative action may
justifiably be attacked as being unconstitutional; either on the basis that it infringes the nonbeneficiary's
equality rights in terms of sections 8(1) and 8(2) or that it falls beyond the
constitutional protection afforded to affirmative action in terms of section 8(3). Furthermore,
group-based modalities of affirmative action may also not constitute a permissible limitation on
the fundamental right to equality, if compared to an individual-based socio-economic affirmative
action model. / Jurisprudence / LL. M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/17783 |
| Date | 11 1900 |
| Creators | Van Wyk, M. W. |
| Contributors | Carpenter, Gretchen |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (xiii, 57 leaves) |
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