Journal articles on the topic 'Discrimination in employment – South Africa – Limpopo'

Informal trade has grown at an alarming rate in South Africa because of lack of employment opportunities in both the private and public sectors. This has resulted in many unemployed members of the population joining the informal business sector. The majority of people in this sector do not have skills that are needed in the formal employment sector, others are semi-literate and a small percentage has some level of qualification. Nevertheless, this sector is plagued by a number of challenges which this article presents. The article reports on the study that was conducted at Greater Letaba Municipality in Limpopo Province. The aim of the study was to investigate the challenges that were faced by informal traders in Greater Letaba Municipality in Limpopo Province in South Africa. The area was chosen because of its accessibility to the researchers and its potential to provide relevant and accurate information for the research project. Thus, a qualitative research method was used to collect data through face to face interviews. The research discovered that some of the challenges experienced by the informal traders in the area ranged from lack of support from the local municipality to structural challenges like lack of ablution facilities and limited access to electricity. Furthermore, other challenges concerned safety and health issues that were also gender based. Most of the traders in the area were women; an element which attest to the fact that it is difficult to find employment in the country when one is less educated and is also a woman.

Unemployment is very high in South Africa with the official rate ranging from 26.7% to 35%. The Limpopo province has the highest proportion of rural dwellers in South Africa and possibly higher unemployment rate than the national average. Women’s unemployment is a much bigger problem especially when women are the bread winners. Most women singularly look after their children due to polygamy and / or labour migrant system which usually takes the men from home to other parts of the country. This study focuses on factors which militate against women’s employment. A 3-stage sample survey was conducted between May 2013 and January 2014 covering all the municipalities in the Sekhukhune district. About 2000 women aged between 20 and 55 years were interviewed. Applying discriminant analysis, this study shows that over 85% of the women in the district are unemployed; and factors like: education, age, family status and marital status affect the employment status of women in Sekhukhune. DA = 0.734educ + 0.654age +0.490familystatus + 0.153marital status If Limpopo wants to reduce unemployment of women and to redress family’s crises, this study recommends that efforts be made to “educate” women, i.e. encourage women to complete higher/ tertiary education and also be given special preference/family support in job offers.

Table grape production plays an important role in the economy of many countries in Africa. It serves as a source of income for the people who are engaged in its production and being one of the enterprises that is labour-intensive, thereby providing employment for more people. The main purpose of this study was to analyse the economic efficiency of table grape production in Waterberg and Sekhukhune Districts of Limpopo province, South Africa. The study used primary data collected through administration of structured questionnaires on a sample of 12 farmers by employing a snowball sampling method. Analytical tools employed include descriptive statistics (such as tables and frequencies), Stochastic Frontier Model and Technical Inefficiency Model. Results from data analysis revealed that in terms of efficiency, farming experience (p

This study evaluated the economic impact of hunting on the regional economy of South Africa’s Limpopo Province. Data on biltong hunting was derived from a national survey conducted in 2009 and data on trophy hunting from the Professional Hunting Association of South Africa (PHASA). Using the input-output (social accounting matrix) and multiplier analyses, we found that the direct economic impact of hunting in the regional economy of the Limpopo Province, as a result of increased expenditure, exceeded R669 million (US$83.6 million). This direct impact resulted in a total economic impact in the order of R1.2 billion (US$150 million) and consequently in a multiplier effect of 1.76. With regard to employment, we estimated that some 8 382 jobs, in addition to those of the employees directly involved, may be dependent upon hunting in the province, which supports the notion that this is a viable and important sector of the tourism industry.

Affirmative action is on the agenda in South Africa. It is generally accepted that the new constitution will include a bill of rights which will contain a clause ensuring equality of all persons. It is this clause which will outlaw discrimination and which will sanction affirmative action. However, it is probably that the bill of rights will have to be supplemented by legislation on discrimination, affirmative action and employment equity, which will determine, for example whether and how the Public Service (and the private sector) are compelled or permitted to implement affirmative action. While approaches and strategies to affirmative action vary considerably, there is general acceptance that it may be an effective mechanism of ensuring social justice in the public service. It can play a pivotal role in equalizing and democratizing public instirutions in South Africa.

This study assessed the provision of informal training offered by the Limpopo Department of Agriculture, South Africa, to agricultural extension officers (AEOs). The study used surveyed 90 public extension officers purposively sampled. There were statistically significant differences in extension officers’ exposure to climate change between their education levels and in the provision of climate change training between extension officers’ work experience ( P⩽0.05). The study concluded that the majority of AEOs have not been fully exposed to climate information prior to their employment. This suggests that the information gap in Agricultural Extension and Advisory Services (AEAS) stems from the slow mainstreaming and integration of climate change information.

This paper aimed to examine the determinants of willingness to pay for water and electricity services in Moletjie community of Aganang Local Municipality of Limpopo Province. Data were collected through key informant interviews, group discussions, and household surveys from a total of 120 households using probability proportional to sample size technique. The study showed that sampled households were dissatisfied with the unreliable water and electricity services (73%) but were willing to pay to secure reliable water and electricity services (87%). The empirical evidence from ordered logit model indicates that willingness to pay for water and electricity was significantly influenced by gender, adult equivalent, household size, total household expenditure, employment status, total household income above total average household income, sources of income and connection charges. These results have policy implications for government and other stakeholders in response to dissatisfaction of water and electricity supply services. For example, research findings reinforce the need to focus on investing in building institutions, improving access to water and electricity, micro-credit and create employment opportunities for better life for all. It was recommended that there should be collective action by community members and policy-makers to improve access to water and electricity at household level.

Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. Key among such challenges has also been employers' ability to ensure that persons with disabilities access the labour market. In this paper I highlight employment discrimination experienced by persons with disabilities in South African workplaces, which often prohibits them from accessing employment opportunities. I argue that employers need to consider employing persons with disabilities and also reasonably to accommodate them within South African workplaces. I further illustrate efforts by the legislature to eradicate forms of unjustified discrimination against persons with disabilities through the enactment of the Employment Equity Act 55 of 1998. I argue that all of us need to understand how cultural, social, physical and other barriers continue to prevent persons with disabilities in South Africa from enjoying their constitutional rights to equality, freedom and human dignity, and further, that it is desirable that society at large and government work together towards eradicating barriers which prevent persons with disabilities from accessing the labour market.

Confronted with a sluggish growth and very high rates of rural unemployment, South Africa has put local beneficiation at the core of its strategy for employment-intensive re-industrialisation. Its industrial policy action plan identified agro-processing as one of the priority areas for this strategy because of its potential employment multiplier in rural areas. Despite the appeal of its industrialisation potential, beneficiation strategy is often contested and its effectiveness as a viable engine of industrialisation in African countries is recurrently questioned. This paper presents an empirical evaluation of the income and employment effects of an agro-processing beneficiation programme launched by the Department of Science and Technology for the processing of abundant mango harvest in the area of Tzaneen in Limpopo province. Using inverse probability weighting estimation on a sample of 385 households residing in and around the beneficiation target area, we find clear positive income effects of the agro-processing project for the beneficiary households. The success of this project in the domestic and international agro-processing markets suggests that local beneficiation strategy can provide a sound basis for rural industrialisation if adequately prepared.

The article presents an exploration into the performance of the South African construction industry with regard to its feminine footprint. Focus of the study is female employment and promotion, and the impact on levels and types of work, with regard to population characteristics. Democratic South Africa has enabled public and private efforts to transform the nation from the previous apartheid legacy, which includes discrimination against women. Consequently gender mainstreaming in postapartheid South Africa has enabled interventions that aim to emancipate women, especially in the area of labor. However, the country is behind the set goals in terms of women and work, especially in male-dominated environments such as the construction industry. The situation is explored through a purposive sample of literature related to women and work, and women in construction in South Africa. This is combined with analysis of labor statistics. The major limitation is the secondary nature of data used for the study. Findings at this stage suggest sub-optimal growth in female employment. There are also appreciable disparities between the informal and formal sectors, and between the levels and types of work, according to population characteristics.

IntroductionIt is easy to find texts, in scientific literature, studying the adaptation of immigrants from developing countries in western countries. However, in these globalization times that we are living, few are the studies performed on members from developed countries emigrating to the third world.Objectives/AimsTo evaluate the factors predisposing to the onset of anxiety or depression symptoms in Spanish immigrants living in South Africa.MethodsThis is an exploratory study with a sample of 51 Spanish residents in South Africa between 24 and 57 years (44% male, 56% female), 44% of which were living there for more than two years. An online survey was administered, collecting data related to reasons and conditions for their moving to the country and traumatic events living during the stay. For the screening of depression and anxiety symptoms Hopkins Symptom Scale (HSCL-25) was used. Finally, we carried about several analysis using Chi2 test. For statistical analysis SPSS was utilized.ResultsThirty percent of the sample showed positive scores on anxiety symptoms scale, and 24% scored positive for depression. Job related items as being unemployed (P < 0.001) was associated to symptoms of depression. Insecurity/violence (P < 0.021) and race discrimination (P < 0.009) were the main factors related to anxiety symptoms.ConclusionsFactor related to employment, security and discrimination, has been significantly associated to the onset of anxiety and depression symptoms. Other factors related to the moving to the country or social relationships have shown no relations. More studies are needed to provide information about adaptation and factors related to mental health in Occidental immigrants in developing countries.Disclosure of interestThe authors have not supplied their declaration of competing interest.

The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.

AbstractWomen in South Africa have for decades, experienced discrimination in the workplace because certain positions such as top and senior management posts were predominately given to men. If women were employed, they were mostly offered positions at the lower levels of the organisation, or specific jobs such as secretaries or administrative jobs. To address such discrimination, to ensure gender equality is promoted and women are offered equal employment opportunities, the South African government has since 1994 adopted different anti- discriminatory laws to expedite equal employment to improve the position of women in the workplace. To explore the extent to which the position of women in the workplace has changed - if at all - since the dawn of democracy, this paper provides an analysis of women’s employment standing in 2014 in the South African workforce. The goal of this study is to identify employment gender gaps both in terms of employment numbers, as well as employment in different sectors. To explore this objective, the study first provides an overview of some of the anti - discriminatory laws that were put in place by the South African government to promote equal opportunities for all South Africans, especially women. Second, the study develops a conceptual framework based on an analysis of the literature on gender equality and its link to equal employment for women. Finally, the study provides an overview of the South African labour force as at 2014, showing the gap between male and female employment. The findings confirm that despite South Africa’s progressive legislative and policy measures, women remain underrepresented in the workplace, meaning that progress in redressing unfair discrimination has been slow and/or uneven. The findings also reveal that men continue to dominate the workforce, especially in top and senior management positions.

DEFINING THE LIMITS OF PERMISSIBLE EMPLOYMENT DISCRIMINATION AGAINST PERSONS LIVING WITH HIV/AIDS IN SOUTH AFRICA: HOFFMAN V. SOUTH AFRICAN AIRWAYS [2000] 12 BLLR 1365.Perhaps the most positive and exciting aftermath of the apartheid era is the construction of the new South Africa upon the foundation of a Constitution and other legal instruments that are unanimous and unambiguous in two respects. The first is in their proscription of unfair discrimination and the second is in their permission of statutory and other measures aimed at eliminating the effects of past discrimination on those groups of persons who were at the receiving end of same. The provisions of these instruments as well as their tenor and spirit reveal an unmistakable national resolve to break from a culture of racial discrimination to a constitutionally protected culture of human rights for South Africans of all ages, classes and colours. Without doubt, the most important of those provisions is the equality clause of the Bill of Rights contained in the second chapter of the Constitution. This probably follows from a realization of the fact that equality is fundamental to “the maintenance and propagation of human rights in a democratic body politic, particularly in an acutely divided society” such as South Africa.

International treaties, national legislation and local by-laws all advocate the equal treatment of men and women, but claims of gender-based discrimination continue. Indicators of discrimination against women, including employment ratios and differences in income, show that there have been considerable gains in the recent past. These measures are, however, often biased. In this study a different, specific and concrete method of describing and detecting discrimination is presented, namely the difference in the number of ablution facilities provided for each gender group in public spaces. Ablution facilities at airports, train stations and shopping centres in four major South African cities (N=128) were inspected. Medium to large differences in the respective number of facilities were found (eta2 .05 to .13), with women receiving fewer service facilities than men. These results suggest that, despite progressive legislation and vigorous affirmative action in South Africa, local women are still being discriminated against on a very concrete, visible level. The effectiveness of the measurement tool is also discussed.

With ~70% of the sub-Saharan population living in rural areas, more than 90% of rural African households depend on natural forest products. Although several studies in other parts of South Africa have looked into the use of natural forest products in poverty alleviation, little is known on the roles and relative contribution of natural forest products as daily and safety nets specifically within the Vhembe Biosphere Reserve, South Africa. This study assessed the different roles played by natural forest products in households and the patterns of their relative contribution to households both as sources of income and direct consumption within differing household compositions as well as socio-economic factors. These included employment and income diversification role and the monetised value of natural resources in the rural livelihoods of households in Sambandou and Mavunde, Vhembe Biosphere Reserve, Limpopo Province, South Africa. The study inter alia compared a wide use of natural resources by two villages and determined on which forest products they most relied for their economic welfare. Their relative contributions to livelihoods were assessed by identifying factors that affected their contributions. Findings of the study showed that Sambandou had a high number of people with formal jobs and females, and fewer old-age pensioners. Differences in employment and education between villages were observed. In all villages, the most frequently used or harvested resource was fuelwood, wild edible fruits, herbs, grass/shrub hand sweepers, insects for food, thatch grass/reeds and poles for fencing and housing. Overall, Mavunde village households were found to be more dependent on natural resource harvesting both for income and subsistence substitution. Findings suggest that this may have been a consequence of socio-economic factors such as income and employment, as well as general underdevelopment in the village. This study’s findings could contribute to further studies into how these results compare to other parts of the country and region, as well as their respective developmental implications.

In a contemporary world, ICT training is vital for socio-economic advancement, which is why it should be included in the curriculum that seeks to empower rural women with computer skills to enhance their livelihoods. Rural women lack access to ICTs and they do not know how to use them. A lack of knowledge and skills in ICTs can result in unemployment, poverty and societal discrimination. Through the lens of the human capital theory, this article investigates and reports on the strategies for introducing ICT in the teaching and learning of rural women. Document analysis approach was used to investigate journals, government policy documents and reports from studies to arrive at the findings which include, among others, the employment of computer experts to teach rural women in disadvantaged communities. The study concludes that the introduction of ICT in the curriculum of rural women especially can ensure their socio-economic transformation.

This article explores precarity as a conceptual framework to understand the intersection of migration and low-waged work in the global south. Using a case study of cross-border migrant domestic workers in South Africa, I discuss current debates on framing and understanding precarity, especially in the global south, and test its use as a conceptual framework to understand the everyday lived experiences and strategies of a group that face multiple forms of exclusion and vulnerability. I argue that a form of negotiated precarity, defined as transactions which provide opportunities for survival but also render people vulnerable, can be a useful way to make sense of questions around (il)legality and (in)formality in the context of poorly protected work, insecure citizenship and social exclusion. Precarity as a negotiated strategy shows the ways in which people interact with systems and institutions and foregrounds their agency. But it also illustrates that the negative outcomes inherent in more traditional notions of precarity, expressed in physical and economic vulnerability, and discrimination in employment relations, mostly hurt the poor. This suggests the importance of an intersectional approach to understanding precarity in labour migration studies.

The challenges of caring for people living with HIV (PLWH) in a low-resource setting has had a negative impact on the nursing profession, resulting in a shortage of skilled nurses. In response to this shortage and perceived negative impact, we conducted a descriptive, cross-sectional study to describe the level of knowledge and psychosocial wellbeing of nurses caring for PLWH at a regional hospital in Limpopo Province, South Africa. A total of 233 nurses, the majority being female, participated and were stratified into professional nurses (n =108), enrolled nurses (n = 58) and enrolled nursing auxiliaries (n = 66). Data were collected using HIV/AIDS knowledge questionnaire, Maslach Burnout Inventory; AIDS Impact Scale and Beck's Depression Inventory. The total knowledge score obtained by all the participants ranged from 2 to 16, with an average of 12.93 (SD = 1.92) on HIV/AIDS knowledge. Depersonalization (D) (83.7%) and emotional exhaustion (EE) (53.2%) were reported among participating nurses caring for PLWH. Burnout was higher among professional nurses as compared to both enrolled nurses and enrolled nursing auxiliaries. There was a moderate negative significant correlation between HIV knowledge with the nurses' emotional exhaustion (r = 0.592), depression (r = 0.584) and stigma and discrimination (r = 0.637). A moderate to high level of burnout was evident among all levels of nurses. These findings lead to the recommendations for support of nurses caring for PLWH that include structured nursing educational support, organisational support with respect to employee wellness programmes that address depression and work burnout, as well as social support. The provision of these support mechanisms has the potential of creating a positive practice environment for nurses in the Vhembe District of the Limpopo Province in particular, and South Africa in general, and in improved care for PLWH.

Despite a number of initiatives aimed at improving the representation and progressive of women in the law enforcement. Studies continue to document the persistence of gender inequality within law enforcement agencies all over the world and South Africa is not an exception. This article bring to light gender inequalities in the law enforcement sector where women in leadership ranks remains low. Historically, the police career was male-dominated and females were not allowed to work in the police. Therefore, equal gender representation in the workplace should by now be at an advanced developmental stage in South Africa since the abolition of discrimination rules. The Commission on Employment Equity of South Africa reported that women comprised 44.8% of the economically active population, yet males were still in charge of senior management positions in South African industries including the law enforcement environment. The data was collected from female officers from Metropolitan Police departments in Gauteng province. The findings suggest that culture, stereotypes, economic and socio-political dynamics, and physical fitness were perceived as barriers that hindered the representation of women into senior leadership positions.

The current state of human resource planning in South Africa is that many companies conduct virtually no such planning or provide it only for senior managerial positions. Employment equity legislation will, however, force the hand of managers and human resource practitioners in the public and private sectors alike to engage in regular human resource planning. The Employment Equity Act (1998) seeks to address the existing discrepancies in the distribution of jobs, occupations and income amongst South Africans by not only eliminating unfair discrimination in employment, but also making provision for affirmative action measures to promote a diverse and representative workforce. The employment equity audit requires the preparation of a workforce profile and consequent employment equity plan to address discrepancies. The main purpose of human resource planning is to identify future human resource requirements (in terms of numbers, skills, and particular characteristics, inter alia gender, race and disability) and to develop action plans to eliminate any discrepancies between the demand and supply of labour that are forecast. The article presents a comprehensive model of human resource planning, incorporating the practical implications of the Employment Equity Act, as a workable guideline to assist managers in compiling thorough forecasts and action plans in fulfilment of organizational and employment equity requirements.

Waste generated form healthcare facilities is a potential source of health risks to the public, if it is not properly handled from the point of generation to disposal. This study was conducted to assess the efficiency of healthcare risk waste (HCRW) management in Vhembe District of Limpopo Province, South Africa. Fifteen healthcare facilities were selected in Vhembe District for this study. Data were obtained through in-depth interviews, semi-structured questionnaires, observation and pictures. Qualitative data were thematically analyzed, while the quantitative data were analyzed using the Statistical Package for the Social Sciences, version 25. In all the healthcare facilities; mismanagement of HCRW was noted at different points along the management chain. Poor segregation, overfilling of waste bins, inappropriate transportation and storage of waste in substandard storage rooms were observed in the facilities. All the waste from the district are transported to a private-owned treatment facility outside the district, where they are mainly incinerated. Enforcement of healthcare risk waste guidelines, provision of standardized equipment for temporary storage, empowerment of each healthcare facility to treat at least some of the waste, and employment of non-burn techniques for treatment of waste are recommended for more efficient management of healthcare risk waste in Vhembe District.

Background. The prevalence of postpartum depression in South Africa is high, but there is lack of prevalence data on postnatal depression among HIV-infected women. Aim. The aim of this study was to determine the prevalence of depressed mood and associated factors in postnatal HIV-positive women in primary care facilities in Nkangala district, Mpumalanga, South Africa. Methods. This cross-sectional study was carried out on 607 HIV-positive postnatal women in 48 primary health care clinics and community health centres in Nkangala district. Postnatal women were recruited by systematic sampling (every consecutive patient over a period of 2 months). Demographic and other data were obtained from all the women who responded to a questionnaire in the local language on male involvement, HIV test disclosure, delivery and infant profile, infant HIV diagnosis, stigma, discrimination, postnatal depression, attendance of support groups and social support. Results. Overall, 45.1% of women reported a depressed mood in the postnatal period. Depressed mood in a multivariable analysis was significantly associated with internalised stigma (odds ratio (OR) 1.12, 95% confidence interval (CI) 1.05 - 1.19; p=0.000), discrimination experiences (OR 1.22, CI 1.03 - 1.46; p=0.023), lack of social support (OR 0.86, CI 0.74 - 0.99; p=0.037) and having had an STI in the past 12 months (OR 2.22, CI 1.21 - 4.04; p=0.010). There were no statistically significant correlations between the Edinburgh Postnatal Depression Scale (EPDS) scores of the women and age, marital status, level of education, employment status and number of own children. Conclusion. Depressed mood is common among HIV-positive postpartum women. This is significantly associated with lack of social support, stigma and discrimination. Routine screening to identify those currently depressed or at risk of depression should be integrated into postnatal care settings to target those most needing intervention.

In recent years, various initiatives, protocols and legislation have been developed globally to promote gender equality and address existing discrimination against women. South Africa is no exception to this trend. In the global mining industry, equal opportunity and mining legislation introduced by various countries, including South Africa, have opened up former bastions, such as mining, to women.Since the introduction of the Mineral and Petroleum Resources Development Act 28 of 2002 and the accompanying Broad-Based Socio- Economic Empowerment Charter, in 2004, the number of women in the mining industry has increased significantly. However, the “gender issue” still remains contentious and very problematic in the industry and women are still subjected to various challenges.This article aims to reveal the barriers women encounter in the industry. This study adopted a qualitative research design. Data were collected by means of semi-structured individual and group interviews. The research findings show that women are subjected to social, physiological, structural and employment barriers. Therefore, it is of paramount importance that the relevant government departments, top and senior management in the mining industry, as well as human resource managers and employment relations practitioners embrace and support a clear-cut vision of gender diversity in the industry.

Section 23 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices. Section 9 of the Constitution prohibits unfair discrimination directly or indirectly against anyone on one or more grounds, including among others disability. In terms of section 6(1) of the Employment Equity Act (EEA), no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including among others disability or on any other arbitrary ground. Section 6(1) applies to employees, which includes applicants; but it is only limited to conduct occurring within the scope of an “employment policy or practice”. In Marsland v New Way Motor & Diesel Engineering (2009) 30 ILJ 169 (LC), the court concluded that discrimination based on the fact that a person suffers from a mental health problem, has the potential to impair the fundamental dignity of that person as a human being, or to affect them in a comparably serious manner. Consequently, discrimination based on mental illness must be treated as a prohibited ground of discrimination. However, as it was pointed out in Hoffmann v South African Airways 2001 (1) SA 1 (CC), it may in some instances be justified to discriminate on the ground of mental illness, if it is proved that the discrimination is based on an inherent requirement of a job. Section 15 of the EEA requires that, when the employer implements affirmative action measures, he/she must make reasonable accommodation for people from designated groups, in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce of a designated employer. Section 1 defines “reasonable accommodation” as “any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment”. Section 6(3) of the EEA provides that harassment is a form of discrimination and is prohibited among others on the ground of disability or any other arbitrary ground. Harassment is also a form of misconduct. The employer is required to take reasonable steps to prevent harassment and failure to do so, the employer is liable for such harassment. Where an employee who has a mental illness, commits an act of harassment against another employee, the employer should take into account its duty to reasonably accommodate the offending employee, the duty to take steps to prevent harassment and the fact that it may be automatically unfair to dismiss an employee for misconduct which was committed because of mental illness.

Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels.

The sedimentary rocks of the Madzaringwe Formation in the Tuli Basin have been investigated using geochemical and petrographic methods to reveal their source area composition, tectonic setting, provenance and paleoweathering conditions. The petrographic studies show that the rocks consist mostly of clay minerals and quartz. The major elements geochemistry indicates that the rocks of the Madzaringwe Formation have the same source area. Based on the discriminant function plots, it can be inferred that the rocks are of quartzose sedimentary provenance, suggesting that they were derived from a cratonic interior or recycled orogen. The binary plots of TiO2 versus Zr and La/Sr against Th/Co shows that the rocks were derived from silicic or felsic igneous rocks. The tectonic setting discrimination diagrams of SiO2 against Log (K2O/Na2O), Th–Sc–Zr/10, and TiO2 versus (Fe2O3 + MgO) support passive-active continental margin settings of the provenance. The A–CN–K (Al2O3–CaO + Na2O–K2O) ternary diagram and binary plot of the index of compositional variability (ICV) against chemical index of alteration (CIA) shows that the rocks have been subjected to moderate to intensive weathering. Geochemical and petrographic characteristics of the rocks point to uplifted basement source areas predominantly composed of sedimentary rocks and/or granite-gneiss rocks. These source areas might have been from adjacent areas near the Tuli coalfield which include the Limpopo Belt (igneous and sedimentary rocks), and basement uplifted rocks of the Beit-Bridge Complex, consisting of the granite, granite-gneisses and schists.

South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by people with albinism in South Africa to be classified as disabled. The question of whether albinism is classified as a disability or not is a controversial legal one, which does not always have a straightforward answer. A literature search indicates that in South Africa no comprehensive and analytical study has been carried out on the subject of albinism and disability, whereas this has already been addressed in court cases in the United States of America. This paper anticipates addressing this gap within a legal perspective. The objective of such an analysis is to understand the construction of disability under the Employment Equity Act in order to shed light on whether people with albinism qualify for the protection, which is afforded to people with disabilities in the work place. Foreign case law and international human rights law could shed new light on this longstanding grey area or stimulate the development of novel legal analytical strategies. This paper reviews the nature of disability claims in the workplace on grounds of albinism in the United States context, including factors contributing to disability claims; assessing the degree of impairment and the guidelines in assessing albinism related disability. Prior to this discussion, the paper explores the current working definition of disability in South Africa, which stems from the IMATU case, which relied significantly on a foreign precedent; the Sutton v United Airlines case as there was no indigenous precedent in South Africa to fall back on. It will be argued that the Sutton v United Airlines decision, referred to in the IMATU case is based on an insufficiently inclusive definition of disability. Specific cases that relied on the Sutton v United Airlines decision as a persuasive authority in determining whether albinism is a disability or not, will also be examined. While the United States of America has struck down the decision in the Sutton v United Airlines and amended its legislation to include a broader and less restrictive definition of disability, which includes present as well as past conditions and a subjective component of perceived disability, the South African definition of disability still remains narrow and less inclusive. The United States of America's amended legislation does not contain an exhaustive definition of disability; rather, an equality-based framework was chosen which considers changing biomedical, social and technological developments. This new definition highlights the fact that the emphasis must be on whether discrimination occurred rather than adherence to a strict definition of disability. Such a framework of disability includes a socio-political aspect, which places emphasis on human dignity, respect and the right to equality. Against this background, the comparative analysis raises specific issues that deserve attention, in particular that the unique disadvantages and negative stereotyping suffered by people with albinism should be recognised as unlawful conduct against people with disabilities as defined by legislation. Put differently, the discussion calls for a broader approach to viewing disability, which includes both a social and a human rights perspective. In taking the position that albinism related discrimination is socially constructed, the article also explores the mandate of the Convention on the Rights of Persons with Disabilities in as far as it relates to the social construction of disability. The paper argues that the Convention on the Rights of Persons with Disabilities affords a direction for an analysis of the discrimination faced by persons with albinism.

The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denied the right to practise their religion with other members of the community.In line with the Constitution, labour legislation such as the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA) also protects this right. Section 187(1)(f) of the LRA provides that if an employee is discriminated against and is dismissed based on religion, among other grounds, such a dismissal will be deemed to be an automatically unfair dismissal. Section 6(1) of the EEA prohibits unfair discrimination, whether direct or indirect, in any employment policy or practice based on prohibited grounds such as religion. It is evident from all the above provisions that the right to freedom of religion is vital to people’s lives, including employees’ lives.Although an employee has the right to practise religion, he or she also has the common-law duty to render services or to put his or her labour potential at the disposal of the employer as agreed in terms of the contract of employment – except during the employee’s annual leave, sick leave and maternity leave. An employee may therefore be in breach of this duty if he or she refuses to work or deserts his or her employment or absconds from his or her employment or is absent from work without permission. In addition to the above duty, employees have a duty to serve the employer’s interests and to act in good faith. Often, employees’ right to freedom of religion collides with their duty to render services and to serve the employer’s interests; employees present various reasons related to their religious practices for their failure to render services. As a result, employers are regularly required to be lenient and make efforts to accommodate employees’ religious beliefs in the workplace. At times, this becomes a burden to employers as they have to accommodate employees with diverse individual religious interests, but also ensure that their businesses remain operational. Religion remains one of the most contentious and problematic areas for employees and employers to deal with in the workplace.The discussion that follows evaluates the court’s finding in view of relevant constitutional provisions, labour law legislation and common law. It further considers the position under American law regarding religion and reasonable accommodation in the workplace.

Purpose – Given South Africa's apartheid history, studies have primarily focused on racial discrimination in employment outcomes, with lesser attention paid to gender and context. The purpose of this paper is to fill an important gap by examining the combined effect of macro- and micro-level factors on occupational sex segregation in post-apartheid South Africa. Intersections by race are also explored. Design/methodology/approach – A multilevel multinomial logistic regression is used to examine the influence of various supply and demand variables on women's placement in white- and blue-collar male-dominated occupations. Data from the 2001 Census and other published sources are used, with women nested in magisterial districts. Findings – Demand-side results indicate that service sector specialization augments differentiation by increasing women's opportunities in both white-collar male- and female-dominated occupations. Contrary to expectations, urban residence does not influence women's, particularly African women's, placement in any male-type positions, although Whites (white-collar) and Coloureds (blue-collar) fare better. Supply side human capital models are supported in general with African women receiving higher returns from education relative to others, although theories of “maternal incompatibility” are partially disproved. Finally, among all racial groups, African women are least likely to be employed in any male-dominated occupations, highlighting their marginalization and sustained discrimination in the labour market. Practical implications – An analysis of women's placement in white- and blue-collar male-dominated occupations by race provides practical information to design equitable work policies by gender and race. Social implications – Sex-typing of occupations has deleterious consequences such as lower security, wage differentials, and fewer prospects for promotion, that in turn increase labour market rigidity, reduce economic efficiency, and bar women from reaching their full potential. Originality/value – Very few empirical studies have examined occupational sex segregation (using detailed three-digit data) in developing countries, including South Africa. Methodologically, the paper uses multilevel techniques to correctly estimate ways in which context influences individual outcomes. Finally, it contributes to the literature on intersectionality by examining how gender and race sustain systems of inequality.

Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.

Socially and educationally disadvantaged entrepreneurs often lack the knowledge and prior experience to develop and scale their businesses. Owing to limited educational and employment opportunities, poverty, and discrimination, these entrepreneurs frequently experience low business growth and performance. What factors influence the effectiveness of early-stage venture incubation and mentoring for promoting learning, scaling, and profitability among these entrepreneurs? Two studies in a business incubator serving low-income, underprivileged entrepreneurs in South Africa evaluate this question. Study 1 uses a matched, two-period case-control design to investigate the effects of incubation on business growth by comparing selected and incubated companies to similar also-selected but not incubated ones. The findings show that incubated companies grew 22% more in revenue and 15% more in employment than not incubated companies over the six months between applying to and graduating from the incubator. Study 2 uses instrumental-variable models to evaluate the role that mentoring played in improving business performance by analyzing data from seven cohorts of participants in the incubator randomly assigned to mentors. The findings show that participants assigned to high-ability (versus low-ability) mentors had 3.2% higher revenue and 3.5% higher profits one year after incubation. Further, the benefits of being mentored were more significant for businesses whose entrepreneurs had less pre-entry knowledge and experience, suggesting that mentoring supplemented gaps in human capital. These findings have implications for ways to support disadvantaged entrepreneurs and their businesses through mentoring and early-stage venture incubation.

Just as refugees fleeing to escape Zimbabwe have struggled to cross the crocodile-hungry waters of the Limpopo, so are Zimbabweans battling to find ways to traverse the abyss of a digital divide affecting their country. In 2008-09, Zimbabwe was rated third worst in the world for its national information communications technology (ICT) capability by the World Economic Forum, being ranked at 132/134 nations on the global ICT ‘networked readiness index’. Digital divide issues, including severe deficits in access to new technologies facing this small Sub-Saharan country, are therefore acute. In terms of global power relations involving ICT capability, Zimbabwe has little influence in any world ranking of nations. A history of oppression, economic collapse, mismanagement, poverty, disease, corruption, discrimination, public sector breakdown and population loss has rendered the country almost powerless in ICT terms. Applying a critical social theory methodology and drawing on Freirean conceptions of critical pedagogy to promote emancipation through equal access to e-learning, this chapter is written in two parts. In the first place, it analyzes grim national statistics relating to education and to the digital divide in Zimbabwe, situating these in the wider context of Africa; in the second part, the chapter applies this information in a practical fictional setting to imagine life through the eyes of an average Zimbabwean male farm worker called Themba, recounting through narrative an example of the impact on one person’s life that could result from, firstly, a complete lack of educational and ICT resources for adults in a rural farming situation and, secondly, new opportunities as a migrant to become engaged with adult and higher education, including ICT training and facilities. Access to education, to book publications, to ICT facilities, in dialogue with others during a long process of conscientization, are seen to open up democratising and liberating opportunities for Themba in South Africa. The powerful transformation that takes place Themba’s life and propels him towards many achievements as an e-learning teacher is inspired by Freire’s critical pedagogy: it provides a message of hope in an otherwise exceptionally bleak educational and technological situation, given the current difficult socio-economic and political situation that has resulted in a digital abyss in Zimbabwe.

Equal pay for equal work and work of equal value is recognised as a human right in international law. South Africa has introduced a specific provision in the EEA in the form of section 6(4) which sets out the causes of action in respect of equal pay claims. The causes of action are: (a) equal pay for the same work; (b) equal pay for substantially the same work; and (c) equal pay for work of equal value. In addition to the introduction of section 6(4) to the EEA, the Minister of Labour has published the Employment Equity Regulations of 2014 and a Code of Good Practice on Equal Pay for work of Equal Value. This constitutes the equal pay legal framework in terms of the EEA. The Regulations sets out the factors which should be used to evaluate whether two different jobs are of equal value. It further provides for the methodology which must be used to determine an equal pay dispute and it sets out factors which would justify a differentiation in pay. The Code provides practical guidance to both employers and employees regarding the application of the principle of equal pay for work of equal value in the workplace, inter alia. Regulation 7 sets out factors which would justify pay differentiation. These factors are: (a) seniority (length of service); (b) qualifications, ability and competence; (c) performance (quality of work); (d) where an employee is demoted as a result of organisational restructuring (or any other legitimate reason) without a reduction in pay and his salary remains the same until the remuneration of his co-employees in the same job category reaches his level (red-circling); (e) where a person is employed temporarily for the purpose of gaining experience (training) and as a result thereof receives different remuneration; (f) skills scarcity; and (g) any other relevant factor. If a difference in pay is based on any one or more of the above factors then it is not unfair discrimination if it is fair and rational. This is spelt out in regulation 7(1). In Pioneer Foods (Pty) Ltd v Workers Against Regression 2016 ZALCCT 14 the seniority (length of service) factor was at the fore in the Labour Court. The Labour Court, on appeal, reversed an arbitration award in which the Commissioner found that paying newly appointed drivers at an 80% rate for the first two years of employment as opposed to the 100% rate paid to drivers working longer than two years in terms of a collective agreement amounted to unfair discrimination in pay. The CCMA, in essence, regarded the factor of seniority as a ground of discrimination as opposed to a ground justifying pay differentiation. Pioneer Foods is noteworthy as it is one of the first reported cases from the Labour Court dealing with the relatively new equal pay legal framework. It raises the following important equal pay issues: (a) is seniority a ground of discrimination or a ground justifying pay differentiation? And (b) what is the role of a collective agreement and good industrial relations when determining an equal pay claim? The purpose of this note is to critically analyse these issues and guidance will be sought from South African Law, Foreign law and relevant ILO materials in this regard.

ABSTRACT Introduction Since its detection in the early 1980s, HIV and AIDS have claimed 32.7 million lives. The HIV epidemic continues to plague the world with its most devastating effects felt in Eastern and Southern Africa. The exposure, vulnerability, and impact of HIV have been prominent among military personnel due to environmental, demographic, and socioeconomic characteristics. Policies have been developed to mitigate its exposure, vulnerability, and impact on the military. However, there are disparities across these policies, especially on recruitment, enlistment, and deployment. These contentions inspired this evaluation, which was designed to provide vital information and insights for militaries developing new HIV policies, for example, the Ghana Armed Forces (GAF). Materials and Methods Content analyses of key documents and secondary resources from South Africa (SA), the USA, and the United Nations and International Labour Organizations were undertaken. The key documents evaluated included HIV and AIDS policies of the SA National Defence Force (SANDF), the U.S. DoD, UN Department of Peacekeeping Operations, and International Labour Organization (ILO); national HIV and AIDS policies; and legislations of SA and the USA. Results The SANDF policy permits the recruitment of HIV-positive applicants while the U.S. DoD policy does not. Mandatory pre-employment health assessments including HIV testing is conducted for prospective applicants. Again, discrimination against persons living with HIV (PLHIV) is discouraged by national policies and legislations of both countries and the ILO policy. At the same time, the SA national policy permits discrimination based on requirement of the job.On deployment, the SANDF policy explicitly permits deployment of HIV-positive service members, while the U.S. DoD policy cautiously does so. Both policies support mandatory pre-deployment health assessments in line with the UN peacekeeping policy and medical standards even though voluntary confidential HIV counseling and testing is recommended by the UN. All HIV-positive service members are retained and offered treatment and care services; however, the U.S. DoD policy retires unfit service members after 12 months of consecutive non-deployment. Further, the UN policy repatriates service members with pre-existing medical conditions and pays no compensation for death, injury, or illness, which is due to pre-existing medical conditions or not mission-related. Conclusions First, the contents of the military policies are not very diverse since most militaries do not enlist or deploy PLHIV except few countries including SA. Implementation and interpretation is however inconsistent. Some militaries continue to exclude PLHIV despite the existence of policies that permit their inclusion. Second, discrepancies exist among the military policies, national legislations, and international policies. The UN policy is not coherent and empowers the military to exclude PLHIV. Also, potential costs to be incurred, in the form of compensation and repatriation, seem to be a major factor in the decision to deploy HIV-positive service members. Harmonization of military HIV policies to ensure uniform standards, interpretation, and implementation and the coherence of the UN policy are essential to guide countries developing new policies, for example, GAF.

Background: Emigration to Australia by people from Africa has grown steadily in the past two decades, with skilled migration an increasingly significant component of migration streams. Challenges to resettlement in Australia by African migrants have been identified, including difficulties securing employment, experiences of racism, discrimination and social isolation. These challenges can negatively impact resettlement outcomes, including health and wellbeing. There has been limited research that has examined protective and resilience factors that help highly skilled African migrants mitigate the aforementioned challenges in Australia. This paper discusses how individual and community resilience factors supported successful resettlement Africans in Australia. The paper is contextualised within a larger study which sought to investigate how belonging and identity inform Afrodiasporic experiences of Africans in Australia. Methods: A qualitative inquiry was conducted with twenty-seven (n = 27) skilled African migrants based in South Australia, using face-to-face semi-structured interviews. Participants were not directly questioned about ‘resilience,’ but were encouraged to reflect critically on how they navigated the transition to living in Australia, and to identify factors that facilitated a successful resettlement. Results: The study findings revealed a mixture of settlement experiences for participants. Resettlement challenges were observed as barriers to fully meeting expectations of emigration. However, there were significant protective factors reported that supported resilience, including participants’ capacities for excellence and willingness to work hard; the social capital vested in community and family support networks; and African religious and cultural values and traditions. Many participants emphasised their pride in their contributions to Australian society as well as their desire to contribute to changing narratives of what it means to be African in Australia. Conclusions: The findings demonstrate that despite challenges, skilled African migrants’ resilience, ambition and determination were significant enablers to a healthy resettlement in Australia, contributing effectively to social, economic and cultural expectations, and subsequently meeting most of their own migration intentions. These findings suggest that resilience factors identified in the study are key elements of integration.

This is a compact review and analysis of the state of equality law in South Africa . Specific reference is made to what has been called "remedial" or "restitutionary" equality. From the analysis it appears that current equality law shows certain imbalances that are difficult to reconcile with the provisions of the Constitution. To point out shortcomings in equality law which is well intended to resolve the burning problems of inequality, can easily be misunderstood in the contemporary circumstances as a reactionary resistance against a necessary process of a justifiable drive for equality. Such is certainly not the purpose of this review. The intention is however to argue the position that striving for equality must be a balanced process in order to ensure that the boundaries of equality themselves are not transgressed, since that would contradict the very essence of equality. In the first section the constitutional provisions on equality are briefly described. It is noted that the Constitution does not establish "a right to equality", but that it consistently deals with equality as a value. The wording of section 9 does however justify a term such as "the equality right." Next the approach of the judiciary to equality, in which the analytical steps of interpretation that were developed by the Constitutional Court are set out, is reviewed with special mention of the role that has been allocated to the value of human dignity in the interpretation and application of equality rights. In the third section an answer is sought to the question what "equality" means. As opposed to the choice of equality jurisprudence in the USA for a formal notion of equality, the South African courts operate with the concept of substantive equality. It is in this context that mention is made of "remedial or restitutionary equality". Equality is given a meaning which implies action. This is supported partly by the wording of sections 1 and 9(2) of the Constitution, but not by the formulation of sections 7(1), 9(1), 36(1) or 39(1). The only constitutional provision which imparts meaning directly to the notion of equality, is section 9(2), providing that "equality includes the full and equal enjoyment of all rights and freedoms." This gives meaning to equality as a value, to the equality rights and to equality as a description in the Constitution of the nature of the society that is being striven for. The complexity and multi-faceted nature of equality does not allow for a simplistic approach to its meaning. The boundary between equality and inequality is quite sharp and the mobilization of equality for the achievement of political, ideological or pragmatic goals can readily lead to inequality and injustice. Against this background the most important pieces of equality legislation, the Employment Equity Act, 1998 and the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000, are discussed. These Acts were adopted "to promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination" in terms of section 9(2) of the Constitution. Both however contain provisions that go beyond the scope of the Constitution by e.g. the addition of grounds upon which unfair discrimination is prohibited and by excluding affirmative action measures from the meaning of unfair discrimination. The Constitution can not be interpreted in a manner that would allow unfair discrimination for any purpose. The legislation however seem to disregard the possibility of affirmative action becoming discriminatory in itself. This resonates with the view that "substantive equality" allows for measures "that favour relatively disadvantaged groups at the expense of those who are relatively well off". It is however submitted that not the current ideology behind affirmative action, nor one's preferred understanding of equality or the analytical model that is being used, can determine what the justifiable content of equality law should be: the question is rather what may be justified in law, specifically under the Constitution. The form in which elements of the equality legislation are cast, viz. guidelines for its application and illustrative lists of unfair practices, harbours the danger that uncareful interpreters of the law could be seduced to give precedence to the legislation above the Constitution. This would result in a persecutory application of equality law in terms of examples in stead of the constructive and principled approach required by the Constitution. The equality laws also attempt to extend the list of grounds contained in section 9(3) of the Constitution upon which discrimination is presumed to be unfair by the addition of HIV status, family responsibility, political opinion, socio-economic status, nationality and family status. The constitutionality of amending section 9(3) in this manner by means of ordinary legislation is suspect, especially if it is considered that differentiation which is justifiable under the Constitution may be rendered unfair discrimination under ordinary legislation. It is concluded that an emphasis on only the restitutionary element causes a conceptual tension to occur within the multi-faceted notion of equality. This can not be explained only in terms of the distinction between formal and substantive equality, since an over-emphasis of restitution will inevitably bring about imbalances in the outcome of equality actions, i.e. within the framework of striving for substantive equality. Some commentators, courts and the legislature tend to attempt to improve on the Constitution insofar as the achievement of equality is concerned. It is submitted that such attempts are unnecessary, since the Constitution makes sufficient provision for the restitutionary process while the balance of a comprehensive notion of equality is maintained in the form of equality as core value. The limitation of the concept of equality to restitutionary equality will unjustifiably impoverish and partially neutralize the constitutional text. Lessons must in this regard be learnt from the pre-constitutional errors of positivistic legal interpretation.

Social innovations are activities aiming at implementation of social objectives, including mainly the improvement of life of individuals and social groups, together with public policy and management objectives. The essay indicates and discusses the most important contemporary problems, solving of which requires social innovations. Social innovations precondition the progress of civilisation. The world needs not only new technologies, but also new solutions of social and institutional nature that would be conducive to achieving social goals. Social innovations are experimental social actions of organisational and institutional nature that aim at improving the quality of life of individuals, communities, nations, companies, circles, or social groups. Their experimental nature stems from the fact of introducing unique and one-time solutions on a large scale, the end results of which are often difficult to be fully predicted. For example, it was difficult to believe that opening new labour markets for foreigners in the countries of the European Union, which can be treated as a social innovation aiming at development of the international labour market, will result in the rapid development of the low-cost airlines, the offer of which will be available to a larger group of recipients. In other words, social innovations differ from economic innovations, as they are not about implementation of new types of production or gaining new markets, but about satisfying new needs, which are not provided by the market. Therefore, the most important distinction consists in that social innovations are concerned with improving the well-being of individuals and communities by additional employment, or increased consumption, as well as participation in solving the problems of individuals and social groups [CSTP, 2011]. In general, social innovations are activities aiming at implementation of social objectives, including mainly the improvement of life of individuals and social groups together with the objectives of public policy and management [Kowalczyk, Sobiecki, 2017]. Their implementation requires global, national, and individual actions. This requires joint operations, both at the scale of the entire globe, as well as in particular interest groups. Why are social innovations a key point for the progress of civilisation? This is the effect of the clear domination of economic aspects and discrimination of social aspects of this progress. Until the 19th century, the economy was a part of a social structure. As described by K. Polanyi, it was submerged in social relations [Polanyi, 2010, p. 56]. In traditional societies, the economic system was in fact derived from the organisation of the society itself. The economy, consisting of small and dispersed craft businesses, was a part of the social, family, and neighbourhood structure. In the 20th century the situation reversed – the economy started to be the force shaping social structures, positions of individual groups, areas of wealth and poverty. The economy and the market mechanism have become independent from the world of politics and society. Today, the corporations control our lives. They decide what we eat, what we watch, what we wear, where we work and what we do [Bakan, 2006, p. 13]. The corporations started this spectacular “march to rule the world” in the late 19th century. After about a hundred years, at the end of the 20th century, the state under the pressure of corporations and globalisation, started a gradual, but systematic withdrawal from the economy, market and many other functions traditionally belonging to it. As a result, at the end of the last century, a corporation has become a dominant institution in the world. A characteristic feature of this condition is that it gives a complete priority to the interests of corporations. They make decisions of often adverse consequences for the entire social groups, regions, or local communities. They lead to social tensions, political breakdowns, and most often to repeated market turbulences. Thus, a substantial minority (corporations) obtain inconceivable benefits at the expense of the vast majority, that is broad professional and social groups. The lack of relative balance between the economy and society is a barrier to the progress of civilisation. A growing global concern is the problem of migration. The present crisis, left unresolved, in the long term will return multiplied. Today, there are about 500 million people living in Europe, 1.5 billion in Africa and the Middle East, but in 2100, the population of Europe will be about 400 million and of the Middle East and Africa approximately 4.5 billion. Solving this problem, mainly through social and political innovations, can take place only by a joint operation of highly developed and developing countries. Is it an easy task? It’s very difficult. Unfortunately, today, the world is going in the opposite direction. Instead of pursuing the community, empathic thinking, it aims towards nationalism and chauvinism. An example might be a part of the inaugural address of President Donald Trump, who said that the right of all nations is to put their own interests first. Of course, the United States of America will think about their own interests. As we go in the opposite direction, those who deal with global issues say – nothing will change, unless there is some great crisis, a major disaster that would cause that the great of this world will come to senses. J.E. Stiglitz [2004], contrary to the current thinking and practice, believes that a different and better world is possible. Globalisation contains the potential of countless benefits from which people both in developing and highly developed countries can benefit. But the practice so far proves that still it is not grown up enough to use its potential in a fair manner. What is needed are new solutions, most of all social and political innovations (political, because they involve a violation of the previous arrangement of interests). Failure to search for breakthrough innovations of social and political nature that would meet the modern challenges, can lead the world to a disaster. Social innovation, and not economic, because the contemporary civilisation problems have their roots in this dimension. A global problem, solution of which requires innovations of social and political nature, is the disruption of the balance between work and capital. In 2010, 400 richest people had assets such as the half of the poorer population of the world. In 2016, such part was in the possession of only 8 people. This shows the dramatic collapse of the balance between work and capital. The world cannot develop creating the technological progress while increasing unjustified inequalities, which inevitably lead to an outbreak of civil disturbances. This outbreak can have various organisation forms. In the days of the Internet and social media, it is easier to communicate with people. Therefore, paradoxically, some modern technologies create the conditions facilitating social protests. There is one more important and dangerous effect of implementing technological innovations without simultaneous creation and implementation of social innovations limiting the sky-rocketing increase of economic (followed by social) diversification. Sooner or later, technological progress will become so widespread that, due to the relatively low prices, it will make it possible for the weapons of mass destruction, especially biological and chemical weapons, to reach small terrorist groups. Then, a total, individualized war of global reach can develop. The individualisation of war will follow, as described by the famous German sociologist Ulrich Beck. To avoid this, it is worth looking at the achievements of the Polish scientist Michał Kalecki, who 75 years ago argued that capitalism alone is not able to develop. It is because it aggressively seeks profit growth, but cannot turn profit into some profitable investments. Therefore, when uncertainty grows, capitalism cannot develop itself, and it must be accompanied by external factors, named by Kalecki – external development factors. These factors include state expenses, finances and, in accordance with the nomenclature of Kalecki – epochal innovations. And what are the current possibilities of activation of the external factors? In short – modest. The countries are indebted, and the basis for the development in the last 20 years were loans, which contributed to the growth of debt of economic entities. What, then, should we do? It is necessary to look for cheaper solutions, but such that are effective, that is breakthrough innovations. These undoubtedly include social and political innovations. Contemporary social innovation is not about investing big money and expensive resources in production, e.g. of a very expensive vaccine, which would be available for a small group of recipients. Today’s social innovation should stimulate the use of lower amounts of resources to produce more products available to larger groups of recipients. The progress of civilisation happens only as a result of a sustainable development in economic, social, and now also ecological terms. Economic (business) innovations, which help accelerate the growth rate of production and services, contribute to economic development. Profits of corporations increase and, at the same time, the economic objectives of the corporations are realised. But are the objectives of the society as a whole and its members individually realised equally, in parallel? In the chain of social reproduction there are four repeated phases: production – distribution – exchange – consumption. The key point from the social point of view is the phase of distribution. But what are the rules of distribution, how much and who gets from this “cake” produced in the social process of production? In the today’s increasingly global economy, the most important mechanism of distribution is the market mechanism. However, in the long run, this mechanism leads to growing income and welfare disparities of various social groups. Although, the income and welfare diversity in itself is nothing wrong, as it is the result of the diversification of effectiveness of factors of production, including work, the growing disparities to a large extent cannot be justified. Economic situation of the society members increasingly depends not on the contribution of work, but on the size of the capital invested, and the market position of the economic entity, and on the “governing power of capital” on the market. It should also be noted that this diversification is also related to speculative activities. Disparities between the implemented economic and social innovations can lead to the collapse of the progress of civilisation. Nowadays, economic crises are often justified by, indeed, social and political considerations, such as marginalisation of nation states, imbalance of power (or imbalance of fear), religious conflicts, nationalism, chauvinism, etc. It is also considered that the first global financial crisis of the 21st century originated from the wrong social policy pursued by the US Government, which led to the creation of a gigantic public debt, which consequently led to an economic breakdown. This resulted in the financial crisis, but also in deepening of the social imbalances and widening of the circles of poverty and social exclusion. It can even be stated that it was a crisis in public confidence. Therefore, the causes of crises are the conflicts between the economic dimension of the development and its social dimension. Contemporary world is filled with various innovations of economic or business nature (including technological, product, marketing, and in part – organisational). The existing solutions can be a source of economic progress, which is a component of the progress of civilisation. However, economic innovations do not complete the entire progress of civilisation moreover, the saturation, and often supersaturation with implementations and economic innovations leads to an excessive use of material factors of production. As a consequence, it results in lowering of the efficiency of their use, unnecessary extra burden to the planet, and passing of the negative effects on the society and future generations (of consumers). On the other hand, it leads to forcing the consumption of durable consumer goods, and gathering them “just in case”, and also to the low degree of their use (e.g. more cars in a household than its members results in the additional load on traffic routes, which results in an increase in the inconvenience of movement of people, thus to the reduction of the quality of life). Introduction of yet another economic innovation will not solve this problem. It can be solved only by social innovations that are in a permanent shortage. A social innovation which fosters solving the issue of excessive accumulation of tangible production goods is a developing phenomenon called sharing economy. It is based on the principle: “the use of a service provided by some welfare does not require being its owner”. This principle allows for an economic use of resources located in households, but which have been “latent” so far. In this way, increasing of the scope of services provided (transport, residential and tourist accommodation) does not require any growth of additional tangible resources of factors of production. So, it contributes to the growth of household incomes, and inhibition of loading the planet with material goods processed by man [see Poniatowska-Jaksch, Sobiecki, 2016]. Another example: we live in times, in which, contrary to the law of T. Malthus, the planet is able to feed all people, that is to guarantee their minimum required nutrients. But still, millions of people die of starvation and malnutrition, but also due to obesity. Can this problem be solved with another economic innovation? Certainly not! Economic innovations will certainly help to partially solve the problem of nutrition, at least by the new methods of storing and preservation of foods, to reduce its waste in the phase of storage and transport. However, a key condition to solve this problem is to create and implement an innovation of a social nature (in many cases also political). We will not be able to speak about the progress of civilisation in a situation, where there are people dying of starvation and malnutrition. A growing global social concern, resulting from implementation of an economic (technological) innovation will be robotisation, and more specifically – the effects arising from its dissemination on a large scale. So far, the issue has been postponed due to globalisation of the labour market, which led to cheapening of the work factor by more than ten times in the countries of Asia or South America. But it ends slowly. Labour becomes more and more expensive, which means that the robots become relatively cheap. The mechanism leading to low prices of the labour factor expires. Wages increase, and this changes the relationship of the prices of capital and labour. Capital becomes relatively cheaper and cheaper, and this leads to reducing of the demand for work, at the same time increasing the demand for capital (in the form of robots). The introduction of robots will be an effect of the phenomenon of substitution of the factors of production. A cheaper factor (in this case capital in the form of robots) will be cheaper than the same activities performed by man. According to W. Szymański [2017], such change is a dysfunction of capitalism. A great challenge, because capitalism is based on the market-driven shaping of income. The market-driven shaping of income means that the income is derived from the sale of the factors of production. Most people have income from employment. Robots change this mechanism. It is estimated that scientific progress allows to create such number of robots that will replace billion people in the world. What will happen to those “superseded”, what will replace the income from human labour? Capitalism will face an institutional challenge, and must replace the market-driven shaping of income with another, new one. The introduction of robots means microeconomic battle with the barrier of demand. To sell more, one needs to cut costs. The costs are lowered by the introduction of robots, but the use of robots reduces the demand for human labour. Lowering the demand for human labour results in the reduction of employment, and lower wages. Lower wages result in the reduction of the demand for goods and services. To increase the demand for goods and services, the companies must lower their costs, so they increase the involvement of robots, etc. A mechanism of the vicious circle appears If such a mass substitution of the factors of production is unfavourable from the point of view of stimulating the development of the economy, then something must be done to improve the adverse price relations for labour. How can the conditions of competition between a robot and a man be made equal, at least partially? Robots should be taxed. Bill Gates, among others, is a supporter of such a solution. However, this is only one of the tools that can be used. The solution of the problem requires a change in the mechanism, so a breakthrough innovation of a social and political nature. We can say that technological and product innovations force the creation of social and political innovations (maybe institutional changes). Product innovations solve some problems (e.g. they contribute to the reduction of production costs), but at the same time, give rise to others. Progress of civilisation for centuries and even millennia was primarily an intellectual progress. It was difficult to discuss economic progress at that time. Then we had to deal with the imbalance between the economic and the social element. The insufficiency of the economic factor (otherwise than it is today) was the reason for the tensions and crises. Estimates of growth indicate that the increase in industrial production from ancient times to the first industrial revolution, that is until about 1700, was 0.1-0.2 per year on average. Only the next centuries brought about systematically increasing pace of economic growth. During 1700- 1820, it was 0.5% on an annual average, and between 1820-1913 – 1.5%, and between 1913-2012 – 3.0% [Piketty, 2015, p. 97]. So, the significant pace of the economic growth is found only at the turn of the 19th and 20th century. Additionally, the growth in this period refers predominantly to Europe and North America. The countries on other continents were either stuck in colonialism, structurally similar to the medieval period, or “lived” on the history of their former glory, as, for example, China and Japan, or to a lesser extent some countries of the Middle East and South America. The growth, having then the signs of the modern growth, that is the growth based on technological progress, was attributed mainly to Europe and the United States. The progress of civilisation requires the creation of new social initiatives. Social innovations are indeed an additional capital to keep the social structure in balance. The social capital is seen as a means and purpose and as a primary source of new values for the members of the society. Social innovations also motivate every citizen to actively participate in this process. It is necessary, because traditional ways of solving social problems, even those known for a long time as unemployment, ageing of the society, or exclusion of considerable social and professional groups from the social and economic development, simply fail. “Old” problems are joined by new ones, such as the increase of social inequalities, climate change, or rapidly growing environmental pollution. New phenomena and problems require new solutions, changes to existing procedures, programmes, and often a completely different approach and instruments [Kowalczyk, Sobiecki, 2017].

Background: Postnatal care begins immediately after the expulsion of the placenta and continues for six to eight weeks post-delivery. High standard of care is required during the postnatal period because mothers and babies are at risk and vulnerable to complications related to postpartum haemorrhage and infections. Midwives and traditional birth attendants are responsible for the provision of postnatal care in different settings, such as clinics and hospitals, and homes.Methods: A qualitative, exploratory, descriptive and contextual research approach was followed in this study. Unstructured interviews were conducted with the traditional birth attendants. An integrated literature review was conducted to identify the Western postnatalcare practices. Tesch’s process was followed during data analysis.Findings: The following main categories were identified: similarities between indigenous and Western postnatal care practices, and differences between indigenous and Western postnatal care practices. Based on these findings, training of midwives and traditional birth attendants was recommended in order to empower them with knowledge and skills regarding the indigenous and Western postnatal care practices.Conclusions: It is evident that some indigenous postnatal care practices have adverse effects on the health of postnatal women and their newborn infants, but these are unknown to the traditional birth attendants. The employment of indigenous postnatal care practices by the traditional birth attendants is also influenced by their cultural beliefs, norms, values and attitudes. Therefore, there is an urgent need to train midwives and traditional birth attendants regarding the indigenous and Western postnatal care to improve the health of postnatal women and their babies.

The aim of the study was to survey perceptions of quality of (primary) health care services provided in rural communities in the Limpopo province. Ten focus groups discussions were held with community members chosen by convenience from public places from four villages in the central region of the Limpopo Province. The sample included 42 women and 34 men (76 participants). Results indicated perceived quality discussed within the following categories: (1) conduct of staff (reception, communication, discrimination, care and compassion, respect for privacy), (2) technical care (examination, explanation of treatment, responsiveness, treatment outcomes), (3) health care facility, (4) health care organisation, (5) drugs (availability, explanation, effectiveness, payment), and (6) waiting time. The findings suggest some satisfaction with free basic and preventive health care and social services provided but there is a need to look closely into the interpersonal dimension of the services provided, provision of medication with adequate explanation to patients on the medication given, and on structural aspects, there is need for the government to give support to the clinics to provide adequate services. Improving drug availability, interpersonal skills (including attitudes towards patients) and technical care have been identified as the three main priorities for enhancing perceived quality of primary health care and health policy action.

Background: Male partners have a strong influence on pregnant partners’ health and their access to care. Their involvement is critical in the delivery and uptake of maternal healthcare services and improving maternal and child health outcomes.Aim: The study sought to determine male partners’ views on their involvement in maternal healthcare services.Setting: The Makhado Municipality’s Kutama, Madombidzha and Vleifontein clinics.Methods: A qualitative study design, which is exploratory, descriptive and contextual in nature, was used. The population comprised 15 men whose partners had been pregnant within the last 2 years. A non-probability, purposive sampling procedure was used. Data were collected via in-depth individual interviews using a voice recorder and an interview schedule guide. Tesch’s open coding method was used to analyse data.Results: The findings revealed one major theme, namely that maternal health issues are viewed as a woman’sdomain; and three sub-themes: culture and participation in childbirth, male partners’ employment status, and male partners’ unwillingness to participate in maternal health issues.Conclusions: The involvement of male partners in maternal healthcare services, and further research in promoting this activity, should be proposed to policymakers.Keywords: Views, partners, involvement, maternal health care services, antenatal care, labour and postnatal care.

Abstract Women’s vulnerability to climate-induced shocks hinges on a high dependence on climate-sensitive livelihoods and a natural resource base aggravated by the acute inequalities that they experience due to patriarchal dominance. This article’s purpose is to unpack the vulnerabilities and inequalities that rural women experience in the climate change terrain which necessitates the involvement of the social work profession. This study adopted a qualitative methodology guided by a multi-case study design. A sample of twenty-five participants, including community members and social workers, participated in the study. These participants were selected through simple purposive and convenient sampling techniques. Data were collected using focus group discussions and individual interviews. The thematic content analysis was followed to analyse the findings. The study established that rural women are impacted by various vulnerabilities and inequalities in the climate change discourse, which serve as barriers to their effective adaptation. The vulnerabilities and inequalities manifest through lack of land and property rights, discrimination from decision-making processes, poverty and lack of adequate knowledge about climate change mitigation and adaptation. Social work involvement to address these catastrophes is scant in the Vhembe district in Limpopo province, South Africa. The study recommends that all climate change interventions should put an end to inequalities women experience in order for them to be effective and social workers should be at the frontline of such initiative.

Orientation: Today, knowledge is a commodity and thus skilled knowledge workers, particularly in management positions, are vital for organisations’ success; their increased turnover has an adverse effect on productivity and profitability. High staff turnover is a cause for alarm, not only because of the costs associated with recruitment, selection and training, but also due to the increasing scarcity of experienced talent.Research purpose: This research investigates the reasons for the turnover of middle and senior managers in the pharmaceutical industry in South Africa in order to identify the possible reasons and formulate solutions to address the issue.Motivation for the study: In South Africa, employment, retention and turnover occur against the backdrop of a history of discrimination and inequality and attempts by government and organisations at redress. The significance of this background cannot be underestimated.Research approach, design and method: This study was qualitative and inductive to allow dominant themes to emerge from the raw data. Data was collected through in-depth, semi-structured one-on-one interviews as well as a review of company turnover reports and employment equity reports.Main findings: The study found that in the sampled organisations, employee turnover averaged almost 22% per annum between 2007 and 2010. Reasons for the turnover include a range of industry, company and personal factors.Practical/managerial implications: The overall turnover rate remains high, particularly amongst black knowledge workers, the attraction, recruitment and retention of whom is as important for addressing historical inequities in the local industry as it is for ensuring the diversity that companies need to reach a bigger market and gain a competitive edge. Further, as government is a significant purchaser of pharmaceutical goods and services, companies must ensure that the required Black Economic Empowerment (BEE) rating level is achieved so they can continue to win government business.Contribution: The research found that it is important that the turnover rate of knowledge workers in the South African pharmaceutical industry be reduced through addressing the personal, organisational and industry factors that the workers themselves view as important, rather than giving consideration only to what human resource managers perceive as important. In particular, sufficient significance must be placed on personal factors.

Abstract Background There has been a recent focus on resettlement of migrants and refugee in rural settings in Australia and elsewhere. Rural resettlement is seen as an opportunity to revitalise rural communities, to fill the needs of employers in these areas, and to provide a welcoming community within which new arrivals can integrate and settle. However, challenges to rural resettlement have been identified including difficulties securing employment, discrimination and social isolation. These challenges can affect resettlement outcomes including health and wellbeing, though relatively little research has examined these links. In this paper we explored experiences of people from refugee background settling in a rural Australian town, examining interconnections between social determinants of health (SDH) and integration. Methods Face-to-face interviews were conducted with 44 participants from Southeast Asia and Africa in a rural setting in South Australia, covering experiences of resettlement and impacts on health and wellbeing. Participants were recruited through existing connections within the community and snowball sampling. Audio recorded data were transcribed verbatim and analysed using framework thematic analysis. Results The study findings revealed a mixture of settlement experiences for participants across a range of elements of SDH and integration. A sense of safety and some elements of social connectedness and support were key enablers for integration and health and wellbeing, with main challenges including limitations in employment opportunities, mismatched education provision, experiences of discrimination and constrained access to services. Conclusions Challenges experienced by refugees resettled in rural areas can affect integration, health and wellbeing and subsequent onward migration intentions. Attention to broader socioeconomic, cultural and environmental conditions, alongside tailored settlement support policies and practices for individual rural resettlement sites, is required to support integration and health and wellbeing.

AbstractFrom the Apartheid régime, South Africa inherited a very disproportional distribution of income and wealth, leading to a persistent material discrimination of the majority of its citizens. This may only be overcome by large scale measures of economic and social reform. Those are outlined by the Reconstruction and Development Programme (RDP). The RDP is an ambitious plan on investment in human assets, promising the creation of new employment and the reshaping of distributive patterns. However, its implementation can only be financed if economic growth is sufficiently strong. Additionally, a policy pursuing investment in human assets can only be effective if certain conditions concerning its utilization in the market economy are met. This paper aims at a comprehensive theoretical analysis of current measures derived from the RDP. These are analysed by means of the process-theory of human assets.

Orientation: South Africa has faced a number of discriminatory practices in the past. Most of these practices are still present today. Although a considerate amount of attention has been given to discrimination based on gender, race and religion, limited emphasis has been placed on discrimination based on disability, specifically within the workplace.Research purpose: The objective of the study was to explore the perceptions of individuals living with a disability with regards to career advancement challenges they face in the South African workplace.Motivation for study: The research literature shows that irrespective of employment equity legislation, employees with disabilities have restricted opportunities to advance in their careers. Research is needed to assist these employees with their career development.Research design, approach and method: A qualitative research design with an exploratory approach was followed. Probability, purposeful and snowballing sampling techniques were applied in this study on 15 employed individuals with declared disabilities. The data were collected by means of semi-structured interviews and the verbatim transcriptions were analysed by content analysis.Main findings/results: The findings indicated that people with disabilities generally experience career advancement challenges and reach career plateau. Managers and colleagues’ lack of knowledge about disability has an adverse impact on the careers of people living with a disability. The study found that human resource practices, especially promotion opportunities, discriminate against employees with disabilities. Furthermore, the study further indicated that there is prejudice against invisible disabilities, and as a result, employees are reluctant to declare their disability.Practical implications: Human resource practitioners and managers need to recognise the influence that disabilities have on the career advancement of individuals living with a disability in order to assist such individuals in their own career development.Contribution: The findings of this study will help companies improve their practices on the integration and inclusion of employees with disabilities and also on decision-making regarding their careers.