scholarly journals THE IMPACT OF MINORITY STATUS IN THE APPLICATION OF AFFIRMATIVE ACTION: NAIDOO v MINISTER OF SAFETY AND SECURITY 2013 5 BLLR 490 (LC)

Author(s):  
Helen Papacostantis ◽  
Muriel Mushariwa

Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive goal of equality is achieved when implementing affirmative action. One of the challenges faced by employers is the choice of beneficiary from designated groups which is diverse and unequal within itself. This paper seeks to address this challenge by looking at the definition given to beneficiaries of affirmative action and the concept of multi layered disadvantage within the Employment Equity Act. The paper will focus on the decision in Naidoo v Minister of Safety and Security and National Commissioner of the South African Police Service which is an example of the disadvantages experienced by members of the designated groups who are also part of a minority group within the designated groups. Particular focus will be placed on the disadvantages experienced by a black female who is also part of a minority. This paper highlights the multi-layered nature of disadvantage experienced by such members of the designated groups and the need to ensure that new forms of disadvantage are not created in the implementation of affirmative action policies by using a situation sensitive approach. It argues that affirmative action as a means to an end needs to evolve with the understanding that it functions within an ever changing social and economic environment. If such changes are ignored the true beneficiaries of affirmative action will not be given recognition and the desired end of creating a workforce representative of South African society together with the goal of substantive equality cannot be realised.

Obiter ◽  
2021 ◽  
Vol 32 (2) ◽  
Author(s):  
Muriel Mushariwa

Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. One of the issues faced by employers in implementing affirmative action is the question of who should be a beneficiary of affirmative action. This case note seeks to answer this question by looking at the definition given to beneficiaries of affirmative action and the concept of disadvantage. The first part of the article will explore the general objective ofaffirmative action and the two schools of thought on how we identify beneficiaries of affirmative action. I argue that recognition must be given to the fact that individuals who fall within the designated groups are not necessarily equally placed in terms of their experience of disadvantage. I further argue that in recognizing these differing experiences of disadvantage, we can avoid the creation of an elite middle-class black group that benefits from affirmative action to the exclusion of those that truly deserve the protection. The second part of this case note will focus on a landmark decision that highlights the difficulties encountered by employers in fulfilling their obligation of implementing affirmative action policies. In the last part of this case note I shall comment on the lessons that can be drawn from the case. I shall compare the development of affirmative action in the United States and India with that of South Africa in order to show the constitutional principles that need to be advanced within such a social transitional programme and recommend that affirmative action as a means to an end needs to evolve with the understanding that it functions within an ever changing social and economic environment. If such changes are ignored the true beneficiaries of affirmative action are not given recognition and the desired end of creating a workforce representative of South African society and thus reaching our goal of equality cannot be realized.


2013 ◽  
Vol 34 (1) ◽  
Author(s):  
Fritz W. De Wet ◽  
Ferdi P. Kruger

The prevalence of corruption has enormous negative consequences for the ideal of an orderly and peaceful society. Corruption does not only have a destructive impact on socio-economic life, but also on human relationships, value systems and vision for life. With this research the authors described the role of the ethical dimension of prophetic preaching in addressing the apparent lack of righteousness as it manifests in a context of corruption in the South African society. The problem field was explored with the focus on an apparent lack of vision and willingness to hunger and thirst for righteousness in the current manifestation of corruption in the South African society. Normative perspectives from Scripture (attempting to voice the impact of Jesus� words in the Beatitudes, with the focus on Matthew 5�6) were discussed. It is reasoned that Jesus� words pneumatologically proved to be essential in developing a sharpened and action-inducing vision of the righteousness of the kingdom of God breaking through in the praxis of a society struggling with the effects of corruption. The research culminated in the formulation of preliminary homiletic theory with a view to a vision for a kind of prophetic preaching that will be able to activate the consciousness of hungering and thirsting for the righteousness of God�s kingdom and lead the believer in a life culminating in blessed nourishment. The ethical dimension of prophetic preaching is anchored in the eschatological sphere, aimed at making the perceiver conscious of the distinct presence of the King, calling his people to a blessed presence in this world and empowering them with his promise of restoration of an abundant life for all.


Exchange ◽  
2005 ◽  
Vol 34 (4) ◽  
pp. 337-348
Author(s):  
Anthony Balcomb

AbstractNicholas Bhekinkosi Bhengu was founder and leader of the Back to God Crusade in South Africa. This movement started in the mid-1950s and became affiliated with the Assemblies of God in South Africa. But Bhengu's influence went far beyond the confines of the movement he started. His revivals impacted South African society in a profound way and he became internationally recognized as a powerful force for change in South Africa. Controversially, however, he did not enter into the political arena as such, even though he was at one stage of his life a member of the Communist Party of South Africa and even later on in his career continued to affirm the policies of this party. Though apparently apolitical his message had profound political consequences. For example he did much to promote the self-confidence and dignity of his people (despite the dehumanising influences of apartheid which he openly denounced), he insisted on reconciliation between the so-called 'red' people and the so-called 'school' people amongst South African black Africans, and he politely but veryfirmly rejected the standards imposed by white society on blacks. There were also very specific reasons — both theological, philosophical, and pragmatic — why he chose not to become a political activist. His is therefore a very significant case study of the socio-political influences of a ministry that was not overtly political.


2004 ◽  
Vol 4 (1) ◽  
Author(s):  
Renate Bellingan-Timmer

The organised crime units in the South African Police Service (SAPS) have experienced major restructuring over the past two years. The impact which the restructuring would have on the middle managers was never determined This unique organisational situation provided the foundation for the consideration of measuring which factors would impact on the job satisfaction of middle managers. The middle manager serves as an intermediary between top management and lower levels, and is influenced by organisational factors (the organisational climate, policies, and procedures) and individual factors (i.e. needs, abilities, role perception, and values). These factors cause the middle manager to develop a certain attitude towards his work and, given the effort he exerts, a certain level of performance will be reached. This performance is rewarded intrinsically and/or extrinsically and, if the reward is equitably perceived, the middle manager will experience feelings of satisfaction which would impact positively on the management of lower levels in the organisation, thereby increasing overall work efficiency.


Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
Johan Scott

In recent times there has been a proliferation of press reports about ordinary, law-abiding citizens who suffered the indignity and inconvenience of a wrongful (unlawful) arrest at the hands of officers of the South African Police Service or Metro Police Services. According to the most recent of these reports, this increase in the incidence of wrongful arrests have even resulted in deliberations between members of the Law Society of the Northern Provinces and the top management of the SAPS, in which the latter undertook to pay special attention to the training of police officers in order to better the present state of affairs. It is not far-fetched to describe thepresent situation on the ground in respect of wrongful arrests as epidemic. In recent interviews with attorneys who have been representing clients in wrongful arrest claims against the Minister of Safety and Security, the present writer was told about certain standard practices regarding arrests: it would seem that it is a favourite practice among certain police officials to arrest suspects on a Friday, or even a Thursday afternoon, in order to prolong the normal 48-hour maximum period of detention before bringing an arrestee before court. Furthermore, metro police spokespersons often announce, at the beginning of some road-safety drive or crack-down on traffic offenders, that certain types of offenders will, without exception, be arrested. The worst recent example recounted to the author of lamentable conduct in this context on the part of a high-ranking police official concerns an order issued on a Friday afternoon in which the officers under his command were ordered to endeavour arresting more persons of a specific ethnic group, seeing that the weekend population of the police cells under his command did not reflect the demographics of his jurisdiction!


2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Jaco Barnard ◽  
Cas Wepener

Liturgy as space for encounters, which impact on the formation of Christian identity and way of life.The researcher aims to investigate the impact of various forms of encounters experienced during the Sunday liturgy on the identity and daily lives of believers. Three encounters are identified and studied. Firstly, the personal encounter between the individual and God. Secondly, encounters between people where individuals share in each other’s stories and realities. Thirdly, encounters with the world and society (the missional encounters with the world in need). This investigation aims to determine the impact of these encounters upon Christian identity and the subsequent way of life, from the conviction that liturgy and life are deeply related to one another and that these encounters shape the lives of worshippers within a unique South African society.


Author(s):  
Anthony Collins

In his book, A Country at War with Itself, Antony Altbeker has highlighted that the extraordinary and distressing feature of crime in South Africa is not how common it is, but how violent. This analysis moves on from that point, arguing that rather than focusing on violent crime as a specific type of criminality, we should examine violence as a separate category that sometimes overlaps with crime and sometimes does not. This shift in focus reveals that it is not South African crime that is so violent, but South African society in general. It shows that many of these forms of violence are both legal and socially acceptable. This includes violence in childrearing, intimate relationships, education, sport, film and television, establishing social identities, and political negotiation, to name but a few significant areas. An examination of these popular and accepted forms of violence provides a revealing analysis of how these patterns are reproduced socially and psychologically, explaining how individuals and groups come to use violence as an everyday strategy of social negotiation. This analysis makes it clear that violent crime is a reflection of deeper patterns of violence within the society, and highlights the importance of including approaches other than law enforcement in reducing violence in South Africa.


Sign in / Sign up

Export Citation Format

Share Document