STATUTORY LIABILITY FOR RELIGIOUS DISCRIMINATION IN SOUTH AFRICAN MULTI-EMPLOYER FUNDS. Resistance to the White rule in South Africa increased as international support increased and economic sanctions were levied against the South African government. Playing global: the religious adaptations of Indian and Somali Muslims to racial hierarchies and discrimination in South Africa. South Africa (SA) is a religious and culturally diverse country where all cultural, religious and other belief systems are accorded equal constitutional protection. However, women still remain relatively unrepresented in positions of authority and power. Religious discrimination in the South African workplace. It’s 2019, almost 25 years into South Africa’s democratic dispensation, and racism is still playing out in the country’s schools. In South Africa, the government introduced Apartheid as a system of institutionalized discrimination and segregation on the grounds of race and skin color in the late 1940s. Section nine of South Africa’s constitution guarantees equal rights to all South Africans and outlaws discrimination, including that based on ethnicity, gender, religion, or sexual preference. By Darren Taylor. The meaning of discrimination is important to all who live in South Africa, particularly considering the country’s historical and political context. Labour Guide South Africa offers a wealth of Labour Law information and documentation to attorneys, companies and individuals. It is clear to me that the organisers of the seminar had post-1948 South Africa in mind; in other words, South Africa after the National Party Durban - President Cyril Ramaphosa has said that South Africa has no place for religious intolerance. E-mail address: [email protected] Friday, March 31, 2006. It is not surprising that South Africa has chosen to respond to the issue of religious freedom in a more tolerant manner given its discriminatory-laden history under colonialism and apartheid. A. No, religious freedom does not justify discrimination. Promoter: Prof N Smit . statistics show that religious discrimination cases have doubled over the past 15 years, and that the incidence of religious discrimination has increased disproportionately to other forms of discrimination (Trottman 2013). Search for more papers by this author. Biggar v City of JHB EMS [2011] ZALCJHB 5 – discrimination and harassment on the basis of race Makoti v Jesuit Refugee Service South Africa [2011] ZALCJHB 122 – non-renewal of fixed term contract for rejecting sexual advances is an automatically unfair dismissal / no employer liability for discrimination if harassment is not reported Another incident of racial and homophobic discrimination comes to light. In the initial stages of this system in South Africa, the state began by amending small laws that allowed the provision of equality amongst the white people and the black people. Combating hatred is an ongoing project. May 21, 2014 12:14 PM Share on Facebook. 2 Leave to appeal — constitutional challenge must be clearly and properly raised in the court of first instance — not in the interests Not much of an issue, of course you will find 1 or 2 people who have issues, but generally people don’t care which deity you subscribe to, as long as you not trying to recruit them or make noise. Henrico, Radley. Consequently, this article explores the meaning of discrimination, as contemplated in section 9(3) and section 9(4) of the Constitution of the Republic of South Africa, 1996 ( Constitution ) and section 6 of the Employment Equity Act ( EEA ). Video messages from the Elders, available on their new website, discuss the effect of discrimination on women and girls - with special emphasis on the role of traditional and religious practices. regulation of religious freedom is anathema to the ethos of constitutionalism in South Africa. Share via Email. Adv R Henrico. discrimination South African Police Service Regulations — Regulation 11 — age limit for employment of reservists — whether age limit is unfairly discriminatory . Islam. About 62% of South Africa's population lives in urban areas in major cities and towns such as Pretoria the administrative capital (Pretoria contains about 2.3 million people with urban growth rate of 2.97%), Johannesburg the economic powerhouse of South Africa (Johannesburg is also the largest city by population size in South Africa today. SOUTH AFRICA — In September 2017, shop manager and Pagan Shuvey Bower-Louw lodged a complaint with the Commission for Conciliation, Mediation and Arbitration against The Foschini Group. Religious expression, being merely one component of religious accommodation, is a difficult issue and one, which the tragic events of Kosova, September 11th and the subsequent events in Bali brought sharply into focus. Although the South African Government tried to do away with these groups by outlawing them, the strategy to undermine the South African resistance failed. In terms of South Africa’s Constitution, religious discrimination is prohibited in South African workplaces. It connects to a steady increase in religious discrimination and violence within India, throughout South Asia, and across the globe—raising important questions for policymakers and activists alike. Another week. Twitter. Henrico_R_2016.pdf (2.755Mb) Date 2016. 25730576. 2 A vignette of religious freedom in South Africa For the most part, South Africa has always been a society in which many religious faiths have been permitted to express their beliefs freely. Religious discrimination is on the rise throughout the world. Corpus ID: 149230257. Overview. This summary of age discrimination law in South Africa has been prepared by ENSafrica: www.ensafrica.com. : 51% women). Religious Expression in the Workplace. Religious Belief May Justify ‘Discrimination’ In South Africa. South Africa is a country reflective of a society rich in cultural and ethnic diversity. In the case of children, religious discrimination is very often linked to the situation of their parents. However, it can hardly be gainsaid that, in practice, certain religious beliefs and practices enjoy more protection and privileges than others. According to Statistics South Africa, for every 1 000 people in South Africa, 511 are women and 489 are men (i.e. Print this page. Facebook. The Constitution of the Republic of South Africa, 1996, (‘Constitution’) contains a general prohibition against discrimination and states that “everyone is equal before the law and has the right to equal protection and benefit of the law.” The State (including the HRC) has as much an obligation to protect the religious freedom of religious institutions and individuals, as it has an obligation to protect LGBT persons against unfair discrimination. “There is no place for religious intolerance of any sort in the democratic South Africa. Discrimination: SA’s courts give religious beliefs and practices a free pass. SAMADIA SADOUNI. November 2016 Facts about Racism in South Africa 8: the superiority. Even though the population of the white people was minor, they maintained the power over South Africa through the apartheid. People at a rally to protest a citizenship law in the state of Assam, in Guwahati, India, Dec. 15, 2019. On the other hand, the black and other ethnic groups were placed in the subordinate place. Share on Twitter. Share. Islam, though a minor religion, was introduced by the Dutch settlers’ Cape Malay slaves and … South Africa and the fight against Gender Discrimination . Religious discrimination in the South African workplace. View/ Open. Religious discrimination in the South African workplace @inproceedings{Henrico2016ReligiousDI, title={Religious discrimination in the South African workplace}, author={Radley Henrico}, year={2016} } Author. Recent events in South Africa show that it is a society still grappling with its racist history, 23 years after apartheid officially ended. 14 Avenue Berthelot 69365 LYON Cedex 07. Thesis submitted for the degree Doctor Legum in Perspectives on the Law at the Potchefstroom Campus of the North-West University . Religious freedom is far from being guaranteed for all and discrimination on the basis of religion of religion or belief is still a problem for many. 10 Comments on Religious education in South African schools Originally published in the Daily Maverick While South Africa’s Constitution attracts justified praise for its commitment to preserving various freedoms, we should remain vigilant in our defence of the rights it affords us, and consistent in our engagement with the responsibilities that correlate with those rights. Religious discrimination. (TFG), a South African fashion and lifestyles retailer.. Bower-Louw says her previous employer discriminated against her because she is a Pagan. Facts about Racism in South Africa 9: the development of apartheid This time the perpetrator is the owner of Sodwana Bay guesthouse, André Slade, who says no black people or gays and … B. SHARE THIS ARTICLE; Participating employers in South African registered pension funds, including multi-nationals with branches or subsidiaries in South Africa… While race-based discrimination was the most obvious, religion was a further invidious form of discrimination. Labour Guide your guide to labour law in South Africa Employers have close shave with religious discrimination | Labour Guide Positively unfair: workplace discrimination in South Africa Following the end of the Apartheid Government in 1994, amid all the celebration, South Africa was faced with some tough choices. Other notable Christian belief systems in South Africa include the Methodist Christian with a 6.8% of the population and the Charismatic Christians with a fascinating 8.2%. Jimmy Carter, former US President, describes religious practice as one of … C. Accommodation of religious exercise. Abstract. 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