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=== Africa === ====South Africa==== {{See also|Black Economic Empowerment}} =====Apartheid===== The [[apartheid]] government, as a matter of state policy, favoured white-owned, especially [[Afrikaner]]-owned companies. The aforementioned policies achieved the desired results, but in the process, they marginalised and excluded black people. Skilled jobs were also reserved for white people, and blacks were largely used as unskilled labour, enforced by legislation including the Mines and Works Act, the Job Reservations Act, the [[Native Building Workers Act]], the [[Apprenticeship Act]] and the [[Bantu Education Act]],<ref>{{cite web|url=http://www.southendmuseum.co.za/index.php?option=com_content&view=article&id=19&Itemid=20 |title=Job Reservations Act |publisher=South End Museum |access-date=31 March 2011}}</ref> creating and extending the "colour bar" in South African labour.<ref>{{cite web|url=http://www.sahistory.org.za/luli-35 |title=White Workers and the Colour Bar |publisher=Sahistory.org.za |access-date=31 May 2015 |url-status=dead |archive-url=https://web.archive.org/web/20140319002102/http://www.sahistory.org.za/luli-35 |archive-date=19 March 2014 |date=3 April 2011 }}</ref> Then the whites successfully persuaded the government to enact laws that highly restricted the blacks' employment opportunities. Since the 1960s the apartheid laws had been weakened. Consequently, from 1975 to 1990 the real wages of black manufacturing workers rose by 50%, while those of whites rose by 1%.<ref name="africa">[https://www.economist.com/node/244570 Race, law and poverty in the new South Africa], The Economist, 30 September 1999</ref> The variation in skills and productivity between groups of people ultimately caused disparities in employment, occupation and income within labour markets, which provided advantages to certain groups and characteristics of people. This in due course was the motivation to introduce affirmative action in South Africa, following the end of apartheid.<ref name=prob>{{cite web |last=Stokes|first= G. |date=15 March 2010 |title=The problem with affirmative action |url=http://www.fanews.co.za/article.asp?Front_Page_Features~25,Stokes_Stage~1145,The_problem_with_affirmative_action~7618 |publisher=Fanews.co.za}}</ref> =====Post-apartheid – the Employment Equity Act===== Following the transition to democracy in 1994, the [[African National Congress]]-led government chose to implement affirmative action legislation to correct previous imbalances (a policy known as employment equity). As such, all employers were compelled by law to employ previously disenfranchised groups (blacks, [[Indian South Africans|Indians]], and [[Coloureds]]). A related, but distinct concept is [[Black Economic Empowerment]].<ref>[http://www.ecsecc.org/files/publications/120307130010.pdf] {{webarchive|url=https://web.archive.org/web/20140318215653/http://www.ecsecc.org/files/publications/120307130010.pdf|date=18 March 2014}}</ref> The [[Employment Equity Act]] and the [[Broad Based Black Economic Empowerment]] Act aim to promote and achieve equality in the workplace (in South Africa termed "equity"), by advancing people from designated groups. The designated groups who are to be advanced include all people of colour, women (including white women) and [[people with disabilities]] (including white people). Employment Equity legislation requires companies employing more than 50 people to design and implement plans to improve the representativity of workforce demographics, and report them to the [[Department of Labour (South Africa)|Department of Labour]].<ref>{{cite web |url=http://www.southafrica.info/services/rights/employmentequity.htm |title=Employment Equity FAQ |publisher=Southafrica.info |access-date=11 April 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120401103321/http://www.southafrica.info/services/rights/employmentequity.htm |archive-date=1 April 2012 }}</ref> Employment Equity also forms part of a company's [[Black Economic Empowerment]] scorecard: in a relatively complex scoring system, which allows for some flexibility in the manner in which each company meets its legal commitments, each company is required to meet minimum requirements in terms of representation by previously disadvantaged groups. The matters covered include equity ownership, representation at employee and management level (up to the board of director level), procurement from black-owned businesses and social investment programs, amongst others. The policies of Employment Equity and, particularly, Black Economic empowerment have been criticised both by those who view them as discriminatory against white people, and by those who view them as ineffectual.<ref>{{cite web|url=http://www.mg.co.za/article/2010-02-03-bees-glass-slipper |title=BEE's Glass Slipper |date=3 February 2010 |publisher=Mg.co.za |access-date=11 April 2012}}</ref><ref>{{cite web|url=http://www.moneyweb.co.za/mw/view/mw/en/page292679?oid=346519&sn=2009+Detail+no+image&pid=295799 |title=BEE: A man made disaster |publisher=Moneyweb.co.za |access-date=11 April 2012}}</ref><ref name="fin24.com">{{cite web|url=http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2564628 |title='SAB deal to enrich black elite': Fin24: Companies |publisher=Fin24 |access-date=29 July 2010 |url-status=dead |archive-url=https://web.archive.org/web/20111003093857/http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2564628 |archive-date=3 October 2011 }}</ref><ref>{{cite web|url=http://www.busrep.co.za/index.php?fArticleId=5340048 |archive-url=http://arquivo.pt/wayback/20160516113211/http://www.busrep.co.za/index.php?fArticleId=5340048 |url-status=dead |archive-date=16 May 2016 |title=Business Report – Home – Motlanthe warns BEE council has failed |publisher=Busrep.co.za |date=9 February 2010 |access-date=29 July 2010 }}</ref><ref>{{cite web|url=http://www.mg.co.za/article/2009-11-20-manyi-vows-to-get-tough-over-bee |title=Manyi vows to get tough over BEE – Mail & Guardian Online: The smart news source |date=20 November 2009 |publisher=Mg.co.za |access-date=29 July 2010}}</ref> These laws cause disproportionally high costs for small companies and reduce economic growth and employment.<ref name=africa/> The laws may give the black middle-class some advantage but can make the worse-off blacks even poorer.<ref name=africa/> Moreover, the [[Supreme Court of Appeal of South Africa|Supreme Court]] has ruled that in principle blacks may be favored, but in practice this should not lead to unfair discrimination against the others.<ref name=africa/> =====Affirmative action purpose===== Affirmative action was introduced through the Employment Equality Act, 55 in 1998, 4 years after the end of apartheid. This act was passed to promote the constitutional right of equality and exercise true democracy. This idea was to eliminate unfair discrimination in employment, to ensure the implementation of employment equity to redress the effects of discrimination, to achieve a diverse workforce broadly representative of our people, to promote economic development and efficiency in the workforce and to give effects to the obligations of the Republic as a member of the International Labour Organisation.<ref name=prob/><ref name=aff>{{cite journal |last=Bergmann |first=B. |year=1999 |title=The continuing need for affirmative action |journal=The Quarterly Review of Economics and Finance |volume=39 |issue=5 |pages=757–768 |doi=10.1016/S1062-9769(99)00027-7 }}</ref> Many embraced the act; however some concluded that the act contradicted itself. The act eliminates unfair discrimination in certain sectors of the national labour market by imposing similar constraints on another.<ref name=prob/> With the introduction of Affirmative Action, [[black economic empowerment]] (BEE) rose further in South Africa. The BEE was not a moral initiative to redress the wrongs of the past but to promote growth and strategies that aim to realize a country's full potential. The idea was targeting the weakest link in economics, which was inequality and which would help develop the economy. This is evident in the statement by the Department of Trade and Industry, "As such, this strategy stresses a BEE process that is associated with growth, development and enterprise development, and not merely the redistribution of existing wealth".<ref name=info>{{cite web |title=Black economic empowerment. (n.d.) |url=http://www.southafrica.info/business/trends/empowerment/bee.htm |publisher=Southafrica.info |url-status=dead |archive-url=https://web.archive.org/web/20121101222356/http://southafrica.info/business/trends/empowerment/bee.htm |archive-date=1 November 2012 }}</ref><ref>{{cite journal |last=Franchi|first= V. |year=2003 |title=The racialization of affirmative action in organizational discourses: A case study of symbolic racism in post-apartheid South Africa |volume= 27 |issue= 2 |pages= 157–187 |journal= International Journal of Intercultural Relations |doi= 10.1016/S0147-1767(02)00091-3 }}</ref> Similarities between the BEE and affirmative action are apparent; however there is a difference. BEE focuses more on employment equality rather than taking wealth away from the skilled white labourers.<ref name=info/> The main goal of affirmative action is for the country to reach its full potential. This would result in a completely diverse workforce in economic and social sectors, thus broadening the economic base and stimulating economic growth.<ref name=dem>{{cite web|last=Edigheji |first=O. |year=2006 |title=Affirmative action and state capacity in a democratic South Africa. Policy: issues & actors, 20(4) |url=http://cps.org.za/cps%20pdf/pia20_4.pdf |website=cps.org.za |url-status=dead |archive-url=https://web.archive.org/web/20140519150723/http://cps.org.za/cps%20pdf/pia20_4.pdf |archive-date=19 May 2014 }}</ref> =====Outcomes===== {{debate|section|date=May 2018}} Once applied within the country, many different outcomes arose, some positive and some negative. This depended on the approach to and the view of The Employment Equality Act and affirmative action. '''Positive:''' Pre-Democracy, the apartheid governments discriminated against non-white races, so with affirmative action, the country started to redress past discriminations. Affirmative action also focused on combating structural racism and racial inequality, hoping to maximize diversity in all levels of society and sectors.<ref name=culture>Goga, F. (n.d.). ''A critique of affirmative action: The concept''. Retrieved from {{cite web|url=http://ccms.ukzn.ac.za/index.php |title=Culture, Communication and Media Studies - Home |access-date=5 November 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120622114513/http://ccms.ukzn.ac.za/index.php |archive-date=22 June 2012 }}</ref> Achieving this would elevate the status of the perpetual underclass and to restore equal access to the benefits of society.<ref name=prob/> '''Negative:''' As with all policies, there have also been negative outcomes. A quota system was implemented, which aimed to achieve targets of diversity in a workforce. This target affected the hiring and level of skills in the workforce, ultimately impacting the free market.<ref name=dem/><ref name=culture/> Affirmative action created marginalization for coloured and Indian races in South Africa, as well as developing and aiding the middle and elite classes, leaving the lower class behind. This created a bigger gap between the lower and middle class, which led to class struggles and a greater segregation.<ref name=aff/><ref name=culture/> Entitlement began to arise with the growth of the middle and elite classes, as well as race entitlement. Some{{Who|date=September 2019}} assert that affirmative action is discrimination in reverse. Negative consequences of affirmative action, specifically the quota system, drove skilled labour away, resulting in bad economic growth. This is due to very few international companies wanting to invest in South Africa.<ref name=culture/> As a result of the outcomes of affirmative action, the concept is continually evolving.<ref name="culture" /> South African jurist [[Martin van Staden]] argues that the way affirmative action and transformation policies have been implemented in South Africa has eroded state institutions, grown [[Corruption in South Africa|corruption]], and undermined the [[rule of law]] in the country.<ref name=":0">{{Cite web|url=https://www.moneyweb.co.za/moneyweb-opinion/columnists/a-government-unhinged-2/|title=A government unhinged|last=Ryan|first=Ciaran|date=16 September 2019|website=Moneyweb|access-date=17 September 2019}}</ref><ref>{{Cite book|url=https://ruleoflaw.org.za/the-constitution-and-the-rule-of-law/|title=The Constitution and the Rule of Law: An Introduction|last=van Staden|first=Martin|date=8 February 2019|website=Rule of Law Project|language=en-US|isbn=978-0-9921788-6-4|access-date=17 September 2019}}</ref>
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