The Judical Officer - Dec 07 - Joasa.org.za

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Unfair discrimination is frequently related to affirmative action action. action
9 9 AFFIRMATIVE AFFIRMATIVE AFFIRMATIVE AC ACTION AC TION
9.1 9.1 General
General
Affirmative action suggests PREFERENTIAL treatment for disadvantaged groups of
people. This preferential treatment occurs mostly
* in terms of race race; race
or
* in terms of gender (De Waal et al 1999:212).
Affirmative action can be viewed
* as an exception to the right to equality; or
* as a part of the right to equality (De Waal et al 1999:212).
9.2 9.2 Affirmative Affirmative action action as as an an an EXCEPTION EXCEPTION to to the the right right to to equality
equality
Affirmative action as an exception exception to the right to equality, views affirmative action as
reverse reverse discrimination. Reverse discrimination
* favours those discriminated against in the past; and
* discriminates against those who were favoured in the past (De Waal et al 1999:
212).
With regard to affirmative action as reverse discrimination, a point in case is evident
by the 1998 matric results of the Mpumalanga Province. In the local news (Monitor; 7
May 1999) it appears that there was an “unnatural” increase (about 20%) in the
percentage of matrics that passed in 1998, compared with the percentage of matrics
that passed in 1997. Then a court order was obtained, in terms of which all
The results from the remark remark revealed the following:
* There were black black pupils that passed in terms of the initial results, but who failed