Using the law to fight racial discrimination in South Africa: an agenda for the human rights fraternity

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Periodical article

Title:	Using the law to fight racial discrimination in South Africa: an agenda for the human rights fraternity
Author:	Goredema, Charles
Year:	1997
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	10
Issue:	1
Pages:	1-22
Language:	English
Geographic term:	South Africa
Subjects:	racism human rights
Abstract:	In the post-1994 apartheid-free South Africa, discrimination has been abolished. This does not mean that racial discrimination in South Africa has ended, however. The present article examines the capacity of the current South African law to eliminate de facto racial discrimination. It looks at the deterrent potential of the law and finds that the existing mechanisms do not provide a framework for the satisfactory redress of grievances and the release of tensions occasioned by racial discrimination. The existing law does not specifically and adequately target racial discrimination as a punishable or actionable wrong. Furthermore, the current law cannot be readily utilized by the victim of racial discrimination, primarily because of the difficulties involved in getting the necessary evidence. In view of the legislative imperative to enact antidiscriminatory laws, the article also outlines priorities for antiracist legislation and sketches out an effective framework for South Africa in this area. Notes, ref.