Affirmative action and black advancement in business

In this paper, written in 1992, Albie Sachs sketches the grossly uneven patterns of ownership and opportunity in business, created by apartheid. It includes an anecdote of the humiliation inflicted on Ismail Mahomed, who was to become Chief Justice, when he argued his first case in the Appellate Division. Albie Sachs discusses Nationalisation, Africanisation and quotas in business. He argues pointedly: “[I]t is not that we wish to Africanise the economy, we wish to South Africanise it”. He maintains strongly that non-racialism may not become the instrument for protecting racial advantage. He then proceeds to discusses the proposal made by the National African Federated Chamber of Commerce (NAFCOC) to demand the "3, 4, 5, 6..." targets for representation, equity, supply and management of JSE-listed companies. He concludes with suggesting seven criteria to govern the application of affirmative action. This paper was published under the auspices of the SA Constitution Study Centre, which was based at the Community Law Centre.