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MANCOSA Principles of Labor Law Case Study Discussion

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PRINCIPLES OF LABOUR LAW – CASE STUDY [30 Marks]

SOUTH AFRICA: TOUGHER LEGISLATION NEEDED TO TRANSFORM LABOUR MARKET

With transformation in South Africa’s labour market continuing to progress at a snail’s pace, government should consider

reviewing legislation in an effort to achieve the desired outcomes, says Employment and Labour Minister Thulas Nxesi.

This comes in the wake of the Commission for Employment Equity (CEE) 21st report, which paints a bleak picture of the

country’s labour force.

“It cannot be business as usual. I strongly believe that the time has come to re-strategise [and] adopt a different path to

ensure that the Employment Equity Act 55 of 1998 achieves its intended objectives.

“It is evident that self-regulation has not worked and more aggressive strategies are required to reach the intended purpose,

including reviewing of legislation,” he said.

Answer ALL the questions in this section.

Question 1 (15 Marks)

As quoted in the caselet above: “I strongly believe that the time has come to re-strategise [and] adopt a different path to

ensure that the Employment Equity Act achieves its intended objectives”,provide a discussion on the objectives of the

Employment Equity Act and further discuss whether the Act achieves its intended objectives.

Question 2 (15 Marks)

According to Employment and Labour Minister, Thulas Nxesi: “It is evident that self-regulation has not worked and more

aggressive strategies are required to reach the intended purpose, including reviewing of legislation”.

With reference to the above, discuss whether more aggressive strategies, including the reviewing of legislation is required

in order to reach the above-mentioned intended purpose

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