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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-05-16
One of the legacies (if one can call it that) of the apartheid regime saw the enactment of laws created primarily to redress the imbalances of the shameful past.

With The Constitution of South Africa Act as its foundation, Acts such as the Employment Equity Act, The Preferential Procurement Policy Framework Act as well as The Consumer Protection Act was passed, with a view to providing a platform for such redress.

The Consumer Protection Act was created in order to assist those vulnerable consumers, who as a result of illiteracy, were often exploited in the market place by unscrupulous suppliers.

That is not to say that some of these Acts have been without controversy. Indeed this topic has drawn many South Africans into lively and often heated debates especially over its implementation. One of the major problems lies in the definition of 'Black'.

Black people includes African, Coloured and?Indian people (this includes black women, those who are disabled) who were citizens of South Africa before 27 April 2004, either by birth, descent or naturalisation.

The Employment Equity Act was created to achieve equity in the workplace by "promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination" and implementing affirmative action measures.

In terms of this Act, no person may be unfairly treated and no one may be discriminated against based on their race, race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth.

However it will not be considered "unfair discrimination", if a person is promoted or excluded from such promotion, if this is in terms of an affirmative action policy which is consistent with the Act.

In the workplace, no employee may be forced to submit to medical testing, unless there is a law which requires the testing or if there are sound and justifiable reasons.

Similarly with psychological assessments or testing, these can only be done on condition it is applied in a fair manner to all the workers and there must be scientific evidence to prove the validity and reliability of these tests.

If a worker feels aggrieved that his or her rights have been violated in relation to these tests being conducted, he can refer the dispute to the CCMA to within six months of such tests being performed.

Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for any legal assistance.