BALANCE BETWEEN AFFIRMATIVE ACTION AND EFFICIENCY AT THE WORKPLACE

Abstract

The advent of affirmative action policies introduced against the backdrop of a changed political order in South Africa has brought with it its fair share of controversy in the sphere of labour law. One particular area that has received the attention of the courts recently is the delicate balancing act required to ensure that affirmative action does not compromise efficiency in the work place. The recent Labour Court judgment of Landman J in Coetzer v Minister of Safety & Security 2003 24 ILJ 163 (LC) was widely reported in the media to have dealt affirmative action a major setback, particularly in the light of the earlier High Court decision in Stoman v Minister of Safety &
Security 2002 23 ILJ 1020 (LC).
It is the purpose of this contribution to examine the above mentioned cases within the current legislative and constitutional framework with a view to determining what guidelines can be extracted from the decisions of the courts for purposes of the practical implementation of affirmative action. The contributors will also seek to establish the veracity or otherwise of the claims that the Labour Court has landed a heavy blow against affirmative action and employment equity. It is apposite at this stage, however, to briefly
outline the constitutional and legislative framework relating to affirmative action and employment equity in order to put the recent decisions into proper perspective.