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Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach

A Penrose Staircase- an impossible object always ending ascending yet constantly descending and ending as an illusion. This is Employment Equity legislation in South Africa with its purported aim of redressing the disadvantages of its designated groups. It is legislation that aims to promote equal o...

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Main Author: Susan, Brett Andre
Other Authors: Collier, Debbie
Format: Thesis
Language:English
Published: Department of Commercial Law 2016
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access_status_str Open Access
author Susan, Brett Andre
author2 Collier, Debbie
author_browse Collier, Debbie
Susan, Brett Andre
author_facet Collier, Debbie
Susan, Brett Andre
author_sort Susan, Brett Andre
collection Thesis
description A Penrose Staircase- an impossible object always ending ascending yet constantly descending and ending as an illusion. This is Employment Equity legislation in South Africa with its purported aim of redressing the disadvantages of its designated groups. It is legislation that aims to promote equal opportunity, fair treatment and eliminate unfair discrimination yet cannot unshackle itself from the very types of racial identifiers that it wishes to have eliminated. This paper is an attempt to give greater content and context to the purpose of Employment Equity than the few sentences provided in the preamble of the Act. In particular, I have focused on the Act's own racial differentiator - 'Blacks' - as a seemingly convenient catch-all rubric which is drenched with the very abhorrent salience of race and thickening of racial classifications which it wishes to escape from. 'Blacks', as Africans, Indians and Coloureds, as I will conclude, have intertwined yet different experiences of apartheid and their emergence from Apartheid and projected future can be so vastly contrasted that Employment Equity measures based on its current simplified Verwoerd an racial descriptors will perpetuate inequality and racial disunity. This paper is a study some of the more than three hundred years of policies, practices, laws and the might of the sophisticated government machinery which aimed at placing Whites at the apex of control over the country's resources and contrast how each of the designated groups have (1) experienced legislated discrimination aimed against them; (2) as a snapshot of 1994, how they have emerged from this history and(3) the predicted trajectory that each group can expect in their share of resources in the future.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:33:12.104Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2016
publishDateRange 2016
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spelling oai:open.uct.ac.za:11427/19912 Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach Susan, Brett Andre Collier, Debbie Labour Law A Penrose Staircase- an impossible object always ending ascending yet constantly descending and ending as an illusion. This is Employment Equity legislation in South Africa with its purported aim of redressing the disadvantages of its designated groups. It is legislation that aims to promote equal opportunity, fair treatment and eliminate unfair discrimination yet cannot unshackle itself from the very types of racial identifiers that it wishes to have eliminated. This paper is an attempt to give greater content and context to the purpose of Employment Equity than the few sentences provided in the preamble of the Act. In particular, I have focused on the Act's own racial differentiator - 'Blacks' - as a seemingly convenient catch-all rubric which is drenched with the very abhorrent salience of race and thickening of racial classifications which it wishes to escape from. 'Blacks', as Africans, Indians and Coloureds, as I will conclude, have intertwined yet different experiences of apartheid and their emergence from Apartheid and projected future can be so vastly contrasted that Employment Equity measures based on its current simplified Verwoerd an racial descriptors will perpetuate inequality and racial disunity. This paper is a study some of the more than three hundred years of policies, practices, laws and the might of the sophisticated government machinery which aimed at placing Whites at the apex of control over the country's resources and contrast how each of the designated groups have (1) experienced legislated discrimination aimed against them; (2) as a snapshot of 1994, how they have emerged from this history and(3) the predicted trajectory that each group can expect in their share of resources in the future. 2016-06-02T08:50:51Z 2016-06-02T08:50:51Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/19912 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town
spellingShingle Labour Law
Susan, Brett Andre
Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach
thesis_degree_str Master's
title Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach
title_full Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach
title_fullStr Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach
title_full_unstemmed Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach
title_short Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach
title_sort overcoming the penrose stairs of history the legislated treatment of the designated groups within a hierarchy of discrimination approach
topic Labour Law
url http://hdl.handle.net/11427/19912
work_keys_str_mv AT susanbrettandre overcomingthepenrosestairsofhistorythelegislatedtreatmentofthedesignatedgroupswithinahierarchyofdiscriminationapproach