BUSINESS STUDIES
Human Resource & Human Capital Legislation
Comprehensive Final Exam Study Notes
OVERVIEW: KEY LEGISLATION AT A GLANCE
Act Act Number Main Purpose
Constitution Act 108 of 1996 Supreme law; protects human
rights via Bill of Rights
Labour Relations Act (LRA) Act 66 of 1995 Governs employer-employee
relations, strikes, dismissals
Employment Equity Act Act 55 of 1998 Affirmative Action; redress
(EEA) workplace inequality
BBBEE Act Act 53 of 2003 Broad economic
empowerment of previously
disadvantaged
Skills Development Act Act 97 of 1998 Develop skills, fund training
(SDA) via levies/SETAs
Basic Conditions of Act 75 of 1997 Minimum working conditions:
Employment Act (BCEA) hours, leave, pay
,1. CONSTITUTION OF SOUTH AFRICA (Act 108 of 1996)
Promulgated: 18 December 1996 | Came into effect: 4 February 1997
1.1 Key Facts
• The supreme/fundamental law of South Africa — NO other law or contract may override it.
• Based on democratic values, social justice and fundamental human rights.
• Purpose: to redress/rectify inequalities of the past when human rights were abused.
EXAM TIP: Exams often ask: 'What is the supreme law of SA?' Answer: The Constitution. No
law may supersede it.
1.2 The Bill of Rights (Chapter 2)
The Bill of Rights protects citizens and includes the following rights:
Right Detail
Just Administrative Citizens can challenge unfair government treatment in the
Action Constitutional Court
Freedom of Movement Right to citizenship and movement in/out of the country
Political Rights Can form political parties, run for office, support any party
Socio-economic Rights Right to housing, food, water, health care and social security
Children's Rights Under 18: protected from abuse and exploitation
Right to Education Right to basic education
Non-Discrimination Cannot be discriminated against based on gender, race, religion,
marital status, disability, language, age, etc.
Freedom of Trade May do whatever work they choose (occupation/profession)
Freedom of Association Workers may join trade unions of choice; right to strike (correct
procedures)
Right to Protest Can assemble, demonstrate, protest peacefully with correct
procedures
Environmental Rights Right to environment not harmful to health; sustainable
development promoted
1.3 The Limitation Clause
• Rights in the Constitution are NOT absolute — they can be limited under certain circumstances.
, • Example: The right NOT to be discriminated against can be limited to give previously
disadvantaged people preferential treatment in the workplace (Affirmative Action).
• Purpose: to REDRESS inequalities of the past in the workplace.
EXAM TIP: Affirmative Action IS considered 'fair discrimination' because of the Limitation
Clause. Know this distinction!
Human Resource & Human Capital Legislation
Comprehensive Final Exam Study Notes
OVERVIEW: KEY LEGISLATION AT A GLANCE
Act Act Number Main Purpose
Constitution Act 108 of 1996 Supreme law; protects human
rights via Bill of Rights
Labour Relations Act (LRA) Act 66 of 1995 Governs employer-employee
relations, strikes, dismissals
Employment Equity Act Act 55 of 1998 Affirmative Action; redress
(EEA) workplace inequality
BBBEE Act Act 53 of 2003 Broad economic
empowerment of previously
disadvantaged
Skills Development Act Act 97 of 1998 Develop skills, fund training
(SDA) via levies/SETAs
Basic Conditions of Act 75 of 1997 Minimum working conditions:
Employment Act (BCEA) hours, leave, pay
,1. CONSTITUTION OF SOUTH AFRICA (Act 108 of 1996)
Promulgated: 18 December 1996 | Came into effect: 4 February 1997
1.1 Key Facts
• The supreme/fundamental law of South Africa — NO other law or contract may override it.
• Based on democratic values, social justice and fundamental human rights.
• Purpose: to redress/rectify inequalities of the past when human rights were abused.
EXAM TIP: Exams often ask: 'What is the supreme law of SA?' Answer: The Constitution. No
law may supersede it.
1.2 The Bill of Rights (Chapter 2)
The Bill of Rights protects citizens and includes the following rights:
Right Detail
Just Administrative Citizens can challenge unfair government treatment in the
Action Constitutional Court
Freedom of Movement Right to citizenship and movement in/out of the country
Political Rights Can form political parties, run for office, support any party
Socio-economic Rights Right to housing, food, water, health care and social security
Children's Rights Under 18: protected from abuse and exploitation
Right to Education Right to basic education
Non-Discrimination Cannot be discriminated against based on gender, race, religion,
marital status, disability, language, age, etc.
Freedom of Trade May do whatever work they choose (occupation/profession)
Freedom of Association Workers may join trade unions of choice; right to strike (correct
procedures)
Right to Protest Can assemble, demonstrate, protest peacefully with correct
procedures
Environmental Rights Right to environment not harmful to health; sustainable
development promoted
1.3 The Limitation Clause
• Rights in the Constitution are NOT absolute — they can be limited under certain circumstances.
, • Example: The right NOT to be discriminated against can be limited to give previously
disadvantaged people preferential treatment in the workplace (Affirmative Action).
• Purpose: to REDRESS inequalities of the past in the workplace.
EXAM TIP: Affirmative Action IS considered 'fair discrimination' because of the Limitation
Clause. Know this distinction!
