New life for gender pay discrimination in South Africa

• Jurisdiction: South Africa
• Pages: 476-486
• Author: Stella Vettori
• Date: 25 May 2019
• Citation: (2014) 26 SA Merc LJ 476
• Published date: 25 May 2019

NEW LIFE FOR GENDER PAY

DISCRIMINATION IN SOUTH AFRICA

STELLA VETTORI*

Professor, Graduate School of Business Leadership, University of

South Africa

I INTRODUCTION

Discrimination based on race and gender has a long history in South

Africa. Discrimination against women and discrimination against Black

people has seen to it that Black women have received a double dose of

discrimination. Discrimination on the basis of race was politically

motivated in the apartheid era in South Africa. Gender discrimination,

on the other hand, has its roots in sociocultural dictates of all groups.

1

In

order to redress the inequalities of the past, South Africa has adopted

sophisticated rights-based legislation with specif‌ic reference to inter alia

gender equality. In its attempt to reverse the adverse effects of all forms

of discrimination, including gender discrimination, the government of

South Africa has since 1994,

2

when it f‌irst became a democracy, adopted

and developed legislation to promote equality between all people,

regardless of race, gender, class, disability and sexual orientation.

However, these rights have not been suff‌iciently accessible to women

for a number of reasons, including lack of information and knowledge

concerning the appropriate mechanisms as well as lack of resources to

implement these mechanisms. The purpose of this article is to examine

the eff‌icacy of the recent amendments to the legislation in South Africa

to eliminate gender pay discrimination.

* BA LLB (Wits) LLM (Unisa) LLD (UP). Professor, Graduate School of Business

Leadership, University of South Africa.

1

See The Off‌ice on the Status of Women South Africa’s National Framework for Women’s

Empowerment and Gender Equality 2000 para 1.2: ‘This historical legacy of patriarchy

inf‌luenced essential informal and formal human relationships with a marked impact at the

workplace.’

2

After a long struggle against an oppressive and racist government, the new democracy

enacted legislation, in terms of its mandate to advance a democratic, non-racist, non-sexist

society.

476

(2014) 26 SA Merc LJ 476

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