An examination of the evolution of discrimination law on labour relations in South Africa's transformative dispensation

Abstract

Discrimination remains a significant and often overlooked challenge in the South African workplace. Adopting a theory-based analytical approach relying on discrimination theory, this study examines the evolution of discrimination laws within South Africa's post-apartheid transformative dispensation, with a particular focus on religious discrimination. Despite progressive frameworks such as the Constitution, Employment Equity Act 55 of 1998 and the Labour Relations Act 66 of 1995 which prohibits unfair discrimination and promotes substantive equality, persistent challenges such as inconsistent judicial adjudication, enforcement gaps and apartheid legacies undermine workplace equity for religious minorities. This study critically assesses the effectiveness of these frameworks in resolving the legacy of apartheid and advancing workplace equality for people of different faiths. It is asserted that there are still critical challenges faced by the courts in adjudicating religious discrimination cases and that the current laws and policies require continuous reforms in order to ensure that they adequately empower marginalised religious groups. In order to promote a society that is equal before the law, this study also illustrates how legal reforms played a role in dismantling legacies of apartheid.