South Africa captured the imagination of the world by plucking the country from the brink of imminent destruction. It succeeded in achieving a peaceful transition to democracy from the probability of protracted discord and violence that were extremely high. This was a laudable triumph for human dignity as well as a triumph against all forms of discrimination, more so because, for the first time in the history of South Africa, there was a common South African citizenship for all ( Republic of South Africa (RSA),
1996, Clause 3(2) : 3).
A new Constitution was adopted which states categorically that "To promote the achievement of equality, legislative and other measures designed to protect or advance persons,
discrimination
or
categories
of
persons,
disadvantaged
by
unfair
may be taken" (RSA, 1996, Clause 9(2) : 7). This ushered in a new
set of values that led to an emphatic and fundamental break from the past. To meet the challenges enshrined in the Constitution and the Bill of Rights, the principle of
Affirmative Action was introduced which Fleming et al. (1978 : 3) so aptly describe as
"a natural extension of the long struggle for equal rights".
The Preamble to the Constitution spells out that the purpose of the new dispensation is to:
" ... heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; lay the foundations
for a democratic
and open society
in which
government is based on the will of the people and every citizen is equally protected by the law; improve the quality of life of all citizens and free the potential of each person, and build a united democratic
South Africa able to take its rightful place as a sovereign state in the family of nations."
During the past eight years it has become apparent that the intent and spirit of