scholarly journals Disability Discrimination and the Right of Disabled Persons to Access the Labour Market

2017 ◽  
Vol 15 (1) ◽  
pp. 344
Author(s):  
Motseotsile Clement Marumoagae
Keyword(s):  
South Africa ◽  
Labour Market ◽  
South African ◽  
Disabled Persons ◽  
Constitutional Rights ◽  
Employment Equity ◽  
Employment Opportunities ◽  
Persons With Disabilities ◽  
Government Work ◽  
The Right

Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. Key among such challenges has also been employers' ability to ensure that persons with disabilities access the labour market. In this paper I highlight employment discrimination experienced by persons with disabilities in South African workplaces, which often prohibits them from accessing employment opportunities. I argue that employers need to consider employing persons with disabilities and also reasonably to accommodate them within South African workplaces. I further illustrate efforts by the legislature to eradicate forms of unjustified discrimination against persons with disabilities through the enactment of the Employment Equity Act 55 of 1998. I argue that all of us need to understand how cultural, social, physical and other barriers continue to prevent persons with disabilities in South Africa from enjoying their constitutional rights to equality, freedom and human dignity, and further, that it is desirable that society at large and government work together towards eradicating barriers which prevent persons with disabilities from accessing the labour market.

scholarly journals THE EFFECT OF LABOUR LEGISLATION IN THE PROMOTION AND INTEGRATION OF PERSONS WITH DISABILITIES IN THE LABOUR MARKET

Obiter ◽  
2014 ◽  
Author(s):  
Elsabé Cynthia-Leigh Cole ◽  
Adriaan van der Walt
Keyword(s):  
South Africa ◽  
Labour Market ◽  
South African ◽  
Minority Group ◽  
Disabled Persons ◽  
Bill Of Rights ◽  
Decent Work ◽  
Persons With Disabilities ◽  
Labour Legislation ◽  
The Right

An absence of adequate legislation in South Africa resulted in inequality in the workplace and in society in general. The new constitutional democracy with a Bill of Rights intended to address this by promulgated legislation, and today the South African Constitutional and legislative provisions promoting equality are viewed as amongst the most progressive in the world. In regard to persons with disabilities, this progressive legislation, aimed to protect against discrimination, still seems to fail the very people it intended to promote and protect.The legislation created awareness of the need for equality and the right of workers to employment and to decent working conditions. The right to equality is accorded to everybody through the Constitution of South Africa. The Bill of Rights is based on the notion of equality before the law, and the prohibition of discrimination on various grounds.Despite this, the perception exists that persons with disabilities as a minority group are still being marginalized and are restricted in their right to exercise the right to participate and make a meaningful contribution to the labour market. This not only seems to be in contradiction with the constitutional right to choose an occupation, but has wider social and economic consequences. The ethos of equality legislation is to ensure that the workplace is representative of the society we live in. It is understandable that labour as a social phenomenon is not only concerned with workplace-related issues but with aspects encompassing the whole of the socio-political and economic scene.South African labour legislation promulgated over the last two decades strives to align with the conventions and recommendations of the International Labour Organisations and in terms of the obligations of South Africa as a member state. However, the question prevails: is the legislation adequate to address the discrimination and inequality experienced by persons with disability? If so, why do statistics indicate such high unemployment amongst this group? Yet, there is a growing awareness that persons with disabilities represent enormous untapped economic potential.According to the ILO report on The Right to Decent Work of Persons with Disabilities (1997), much has been accomplished in the international arena in recent years to improve the lives of disabled persons in the workplace.This article will attempt to evaluate the efficacy of South African legislation in the promotion and integration of persons with disabilities in the labour market.

scholarly journals Selected Developments in South African Labour Legislation related to Persons with Disabilities

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Yvette Basson
Keyword(s):  
South Africa ◽  
South African ◽  
Older Persons ◽  
Labour Law ◽  
Employment Equity ◽  
Persons With Disabilities ◽  
Marginalised Groups ◽  
Practical Effect ◽  
The Subject ◽  
Labour Legislation

In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.

Factors that affect discouragement: A South African labour market analysis

2020 ◽  
Vol 11 (1) ◽  
pp. 90-90
Author(s):  
Precious Mncayi ◽  
Jacques de Jongh
Keyword(s):  
South Africa ◽  
Labour Market ◽  
South African ◽  
Market Analysis ◽  
International Standards ◽  
Labour Markets ◽  
Employment Opportunities ◽  
Unemployment Rates ◽  
The World ◽  
Very High

Labour markets across the world have in recent years been characterised by instability and scare employment opportunities. Despite the fact that the 21st century has carried with it massive technological change and a rise in the significance of education for better employment prospects, it has moreover brought about expanded vulnerability which has neglected to ensure employment for work-searchers. For those who want to work, the inability to find employment has been a source of enormous adversities both personally and economically. This is not unique to South Africa as the country is plagued with very high unemployment rates across all age categories and continually rising numbers of discouraged work-seekers. Although unemployment indicators have to a great extent followed international standards, the failure to incorporate those who have abstained from searching has inadvertently contributed to a lack of understanding regarding the nature of discouragement in the labour market. Keywords: Employment, discouragement; work-seekers, labour markets, South Africa, unemployment.

The Right to Freedom of Expression, Press and Culture in South Africa: A Survey of Recent Developments

2013 ◽  
Vol 2 (1) ◽  
pp. 170-185
Author(s):  
Lufuno Nevondwe ◽  
Motlhatlego Matotoka
Keyword(s):  
South Africa ◽  
South African ◽  
Freedom Of Expression ◽  
Media Industry ◽  
Constitutional Rights ◽  
Recent Developments ◽  
The Media ◽  
Constitutional Right ◽  
The Right

This article reflects on the recent case and determination in Goodman Gallery v Film and Publication Board and Print Media South Africa v Minister of Home Affairs and Another which set important precedents in the media industry. These determinations also show the consistency of the South African Courts and tribunals in ensuring that the right to human dignity, the achievement of equality, and the advancement of human rights and freedoms which are among the founding values of the Constitution are afforded adequate protection. These constitutional rights are often in conflict with each other. The article determines whether one constitutional right supersedes the other. It also comments briefly on the role of the media in South Africa and its challenges under democracy. The article further considers the statutory mandate of the Films and Publication Board and provides a critique of the decision in Goodman Gallery.

scholarly journals Globalisation, the Development of Constitutionalism and the Individual Employee

2017 ◽  
Vol 10 (2) ◽  
pp. 1
Author(s):  
K Calitz
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Constitutional Rights ◽  
Private International Law ◽  
Employment Contracts ◽  
Constitutional Protection ◽  
The Individual ◽  
The Right ◽  
The Relationship

Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements.  There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law.  In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts. 

scholarly journals Exploring The Incidents Of Strikes In Post-Apartheid South Africa

2014 ◽  
Vol 13 (3) ◽  
pp. 553
Author(s):  
Genius Murwirapachena ◽  
Kin Sibanda
Keyword(s):  
South Africa ◽  
Labour Market ◽  
South African ◽  
Minimum Wage ◽  
Common Phenomenon ◽  
The South ◽  
Labour Relations ◽  
Stakeholder Relations ◽  
South African Constitution ◽  
The Right

Since the right to strike was recognised in the South African Constitution, strike actions have been a common phenomenon in the country. Causes of strikes in South Africa are multifaceted and their effects detrimentally catastrophic. This paper explored the incidents of strikes in post-apartheid South Africa and it analysed newspaper and other published articles to track down the occurrence, causes, and effects of strikes in South Africa. In this paper, it was established that the main causes of strike actions range from poverty, inequality, and unemployment to union rivalry and the undemocratic nature of the labour relations. It also established the effects of strike actions which are both social and economic. To achieve labour market stability, this paper recommended the democratisation of labour relations, the creation of sound stakeholder relations, turning employees into employers through indigenisation policies, and the implementation of a national minimum wage.

scholarly journals A LEGAL ANALYSIS OF “SAVIOUR SIBLINGS” AND “BENEFACTOR CHILDREN” IN SOUTH AFRICA

Obiter ◽  
2014 ◽  
Vol 35 (2) ◽  
Author(s):  
Emma du Plessis ◽  
Avinash Govindjee ◽  
Glynis van der Walt
Keyword(s):  
South Africa ◽  
South African ◽  
Surgical Procedures ◽  
Ethical Issues ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Bodily Integrity ◽  
Legal Position ◽  
The Right ◽  
Legal And Ethical Issues

This contribution aims to explain how the constitutional rights to bodily integrity and autonomy affect, firstly, the legal position of “saviour siblings” and, secondly, “benefactor children”. The article also considers whether parents, in terms of South African law, have the right to make decisions concerning medical treatment and surgical procedures of this nature, on behalf of their children. A number of legal and ethical issues are considered, with the focus being on the legal implicationsassociated with these categories of children being used to save the life of an ill sibling through the donation of tissue or organs. A set of recommendations are advanced so that the legal position may be better regulated.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

scholarly journals The transition to general management in South Africa

2017 ◽  
Vol 15 (0) ◽  
Author(s):  
Stephen J. Mallaby ◽  
Gavin Price ◽  
Karl Hofmeyr
Keyword(s):  
South Africa ◽  
South African ◽  
Personal Characteristics ◽  
Structured Interviews ◽  
General Manager ◽  
General Management ◽  
General Managers ◽  
Managerial Implications ◽  
Effective Development ◽  
The Right

Orientation: Understanding the nature and challenges of making the transition from a functional role to a general management role in South African organisations.Research purpose: The objective of this study was to gain insight into the obstacles that affect the transition from functional to general management and identify steps that may be taken to overcome these challenges.Motivation for the study: One of the most difficult crossroads for a manager is making the shift from being a functional specialist to becoming a general manager. New competencies and behaviours are required, as well as a more strategic mind set. If the transition is not made successfully, the manager and the organisation suffer.Research design, approach and method: A qualitative design was used consisting of in-depth, semi-structured interviews, with 19 senior business leaders who had successfully made the transition. The interviews were used to gather insights into the challenges they faced during their transitions, and how these were overcome.Main findings: To make the transition successfully, functional managers need to gain relevant experience to prepare them for the broader scope of a general management role. They need to develop appropriate skills, attitudes and personal characteristics. Mentoring is an effective development process. Newly appointed general managers need to learn to let go of control while maintaining ownership, build relationships and strike the right balance between strategic thinking and execution. There are unique aspects of being a general manager in South Africa, such as dealing with Black Economic Empowerment and challenges of race and identity, given the country’s history.Practical and managerial implications: Specific interventions are suggested which are directed at both aspiring general managers and organisations seeking to assist middle managers to make the transition to general managers.Contribution: This study contributes to knowledge concerning the skills and attributes required by potential general managers, and the practical steps to be taken by South African organisations to facilitate the development of general managers. 

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