MED5901
assignmen
Assignment 2 Semester 2
UNIQUE CODE: 834275
Detailed Solutions, References & Explanations
DUE DATE: 01 Oct 2025
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this
document, however the contents are provided “as
is” without any representations or warranties,
express or implied. The author assumes no
liability as a result of reliance and use of the
contents of this document. This document is to
be used for comparison, research and reference
purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or
by any means.
, 0688120934
PREVIEW
Advice to the Employment Equity Committee of X Company on the validity of
affirmative-action measures
You asked for the legal test that determines when an affirmative-action measure is
valid, and for a brief appraisal of the main criticisms of that test. The answer below
draws only on the Constitution, the Employment Equity Act 55 of 1998 (“EEA”), and
leading Constitutional Court authority. It responds to the scenario in the assignment
brief.
1. Constitutional and statutory point of departure
Section 9(2) of the Constitution permits “legislative and other measures designed to
protect or advance persons, or categories of persons, disadvantaged by unfair
discrimination” to “promote the achievement of equality.” The EEA implements this in
employment. Section 6(2) states that “it is not unfair discrimination to take affirmative
action measures consistent with this Act.” Section 15 describes what those measures
may be (reasonable steps to ensure equitable representation, preferential treatment,
training and development, etc.) and, critically, what they may not be: quotas are
prohibited (s 15(3)); numerical goals are allowed. Section 20 requires a written
Employment Equity Plan; section 42 prescribes how compliance is assessed, including
the obligation to consider both national and regional demographics.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
assignmen
Assignment 2 Semester 2
UNIQUE CODE: 834275
Detailed Solutions, References & Explanations
DUE DATE: 01 Oct 2025
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this
document, however the contents are provided “as
is” without any representations or warranties,
express or implied. The author assumes no
liability as a result of reliance and use of the
contents of this document. This document is to
be used for comparison, research and reference
purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or
by any means.
, 0688120934
PREVIEW
Advice to the Employment Equity Committee of X Company on the validity of
affirmative-action measures
You asked for the legal test that determines when an affirmative-action measure is
valid, and for a brief appraisal of the main criticisms of that test. The answer below
draws only on the Constitution, the Employment Equity Act 55 of 1998 (“EEA”), and
leading Constitutional Court authority. It responds to the scenario in the assignment
brief.
1. Constitutional and statutory point of departure
Section 9(2) of the Constitution permits “legislative and other measures designed to
protect or advance persons, or categories of persons, disadvantaged by unfair
discrimination” to “promote the achievement of equality.” The EEA implements this in
employment. Section 6(2) states that “it is not unfair discrimination to take affirmative
action measures consistent with this Act.” Section 15 describes what those measures
may be (reasonable steps to ensure equitable representation, preferential treatment,
training and development, etc.) and, critically, what they may not be: quotas are
prohibited (s 15(3)); numerical goals are allowed. Section 20 requires a written
Employment Equity Plan; section 42 prescribes how compliance is assessed, including
the obligation to consider both national and regional demographics.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
