These rights are not only on paper but have been invoked successfully
through our judicial system
Given the need to redress the injustices of the past, the post-apartheid
Constitution contains an imperative that legislative and other measures
are taken to promote equality and advance persons who may have been
adversely affected by unfair discrimination. Consistent with international
human rights law, South African affirmative action policy places an
obligation on state institutions and businesses to give preference to
members of previously disadvantaged groups (inter alia blacks,
Indians/Asians, coloureds, women, and persons with disabilities). National
legislation is fully consistent with the provisions of the International
Convention on the Elimination of All Forms of Racial Discrimination (Article
1.4) to eliminate the structural discrimination that was prevalent during
the apartheid era and to reflect the demographics of our society through
this policy.