A critique on South African Police Services v Solidarity obo Barnard in relation to inequality

dc.contributor.advisorVan Eck, B.P.S.
dc.contributor.emailu21755648@tuks.co.zaen_US
dc.contributor.postgraduateJordan, Seun Rabbey
dc.date.accessioned2023-06-12T11:31:41Z
dc.date.available2023-06-12T11:31:41Z
dc.date.created2023-09
dc.date.issued2023
dc.descriptionMini Dissertation (LLM (Constitutional and Administrative Law))--University of Pretoria, 2023.en_US
dc.description.abstractAll forms of discrimination are prohibited in terms of the South African Constitution. This prohibition also extends to the labour arena. Any forms of discrimination in the workplace are prohibited. There is a general view that all people in the employment sphere should be treated with fairness and equally at all times. South Africa is not an island. The country is a member of the international community and a signatory to international conventions which are structured to ensure that the rights of citizens of the world are upheld. South Africa as an international companion is bound by international laws as a signatory to the sources of these laws and as prescribed by the Constitution. The South African judges must consult international law sources whenever they are dealing with the interpretation of human rights clauses. In so far as discrimination is prohibited, there is a form of discrimination that is not prohibited, namely, the implementation of affirmative action policies. Affirmative action policies are policies that are accepted to advance those persons who were previously disadvantaged. This policy empowers them to compete with those persons that previously were advantaged. It seeks to achieve substantive equality and is therefore not accepted as unfair discrimination. In this mini-dissertation, the researcher evaluates the Constitutional Court’s decision in the matter of South African Police Services v Solidarity obo Barnard. The study assesses and critically analysis how the court decided the matter and it evaluates the reasons advanced by the Honourable Courten_US
dc.description.availabilityUnrestricteden_US
dc.description.degreeLLM (Constitutional and Administrative Law)en_US
dc.description.departmentPublic Lawen_US
dc.identifier.citation*en_US
dc.identifier.otherS2023en_US
dc.identifier.urihttp://hdl.handle.net/2263/91096
dc.language.isoenen_US
dc.publisherUniversity of Pretoria
dc.rights© 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
dc.subjectUCTDen_US
dc.subjectAffirmative actionen_US
dc.subjectBroad Based Black Economic Empowermenten_US
dc.subjectCritical assessmenten_US
dc.subjectUnfair discriminationen_US
dc.subjectSouth African Police Servicesen_US
dc.subjectSolidarity obo Barnarden_US
dc.titleA critique on South African Police Services v Solidarity obo Barnard in relation to inequalityen_US
dc.typeMini Dissertationen_US

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