On The South African Law Of Anti-discrimination In Employment

As a typical representative of countries which had rapid economic development in Africa, South Africa made the increasingly frequent economic exchanges with China. It is urgent for Chinese government and scholars to acknowledge and study the anti-dis-crimination employment legislation in South Africa, which will provide reference for Chinese companies or citizens to enter the South African market, better protecting their own interests under the purpose of the realization of economic activities. However, from the author's available information, no domestic scholars had introduced and researched the relevant legislation in South Africa. In the era of globalization and Legal integration, China's scholar research on anti-discrimination legislation in South Africa's employment area should be strengthened urgently.After returning to the framework of the International Labour Organization in 1994, the new South African government has been already approved the International Labor Organization to eliminate discrimination in employment and occupation Convention in 1958 (Convention No. 111).Furthermore, with the technical assistance of the Interna-tional Labor Organization, South Africa had amended its domestic legal framework by drawing other countries'experience in the anti-discrimination employment legislation. The core contents of this legislation framework are the Employment Equity Act in 1998, which followed and in accordance with the new Constitution of South Africa in 1996.In order to achieve equality in the workplace, the Employment Equity Act prohibits unfair discrimination and implements affirmative action measures with a comprehensive contents and perfect system. The contents of Act include substantial contents and proce-dural contents. The main substantial contents include the concept of discrimination, the form of discrimination in employment, and the affirmative action measures which aimed at reducing specific groups of people who had been in an inferior work position. In this paper, in order to conduct a comprehensive inspection to the South African anti-dis-crimination employment legislation, we not only introduce the 1998 Employment Equity Act with the content of the law and judicial practice, but also contrast it with the mainstream international legislation.The procedural system introduces a dynamic monitoring implementation mechanisms, including a fairly authoritative and effective the Labour Court e oversight advisory body -Employment Equity Commission ,a principal disputes resolving organization-CCMA and the ultimate decisive agencies-the Labour Court. In the description about the Labour Court, the article will focus on analyzing how effective implemented the judicial protec-tion to the disadvantaged group of the community in the application of the Employment Equity Act. All this will effectively show the public effect of the Justice. This is a key step to guarantee the full implementation of the Employment Equity Act. In addition, the society monitoring mechanisms and the administrative monitoring mechanisms also op-erated effectively to realize the legislative purpose. South Africa had been the last one of stubborn racism barriers in Africa. However, since the new South Africa government established in 1994, which ended up the apart-heid history of the past few hundred years, the legislative construction of protecting the human rights do has been fruitful in a relatively short period. Guarantying the equality of all and reserving the right without being discriminated at work are important aspects of human rights legislation. It would also further accelerate the steady and coordinated de-velopment of South African domestic economy. The author's above opinion of the rele-vant legislation is in the hope to strive to show the South Africa people's pursuit of equal rights in the field of employment legislation ,as well as to be able to inspire the Chinese about their legislation experience and lessons.