ABSTRACT

This chapter outlines and discusses the full range of affirmative action programmes in South Africa. Legislation and policies pursuing affirmative action have rolled out incrementally, shaped by pressures and contingencies of the 1990s, rather than following a definitive document. The constitution and various policy references provided the imprimatur for programmes that unfolded from the mid-1990s, notably in higher education, public sector employment and procurement, and private equity transfers. Redress and transformation efforts in universities proceeded in a decentralized manner. The Employment Equity Act 1998 constitutes a landmark, with wide-ranging implications on increasing the representation of disadvantaged individuals in the labour market. The Broad-Based Black Economic Empowerment (BBBEE) Act 2003 established a framework and code of practice for promoting black advancement, especially in ownership and management control of enterprise, by leveraging primarily on public procurement. Mechanisms have also shifted over time, with universities increasingly incorporating socio-economic disadvantages as selection criteria and legislative amendments addressing enforcement shortcomings in employment equity and BBBEE. More direct interventions in enterprise development have emerged in recent years, focusing on active ownership and participation in industry. South Africa remains in the early years of its affirmative action quest, with considerable flux and fluidity, even while various programmes are institutionalized through legislation.