David Martin Ogilvie Thompson LLB (NMMU), LLM (NMMU) A practicing Attorney with rights of appearance in the High Court of South Africa, based in the Cape Town litigation department and assisting with litigation at the Somerset West branch. Previously a Director of a firm in Port Elizabeth, David joined STBB in February 2017 as a Senior Associate in the litigation department, specializing in all aspects of General Litigation, including Corporate & Commercial Litigation, Property Litigation, Eviction Law, Insolvency Law, Admin Law and Contract Law. David also conducts research and Legal Updates for estate agents.

Affirmative action : only a shield? Or also a sword? Harmse v City of Cape Town (2003) 24 ILJ 1130 and Dudley v City of Cape Town (2004) 25 ILJ 305 (LC) : case

Abstract

The Employment Equity Act 55 of 1998 (hereinafter “the EEA”) which gives more detailed content to the right of equality enshrined in section 9 of the Constitution of South Africa, compels employers to promote equality in the workplace by eradicating unfair discrimination in employment policies and practices. Unfair discrimination against any employee, whether directly or indirectly, based on that employee’s race, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language or birth is prohibited (s 6(1)).

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