Affirmative Action Regime Formation in Malaysia and South Africa

This paper examines the formation of majority-favouring affirmative action (AA) regimes in Malaysia and South Africa. Malaysia's Constitution premises AA on a group's special position; South Africa's refers to unfair discrimination. Malaysia established AA amid continuation of a political order and consolidation of executive power, while South Africa democratized and transitioned from minority to majority rule. Minority groups held less economic power in Malaysia than in South Africa. Consequently, AA in Malaysia is characterized by discretionary decision-making, and quota-based, centralized programmes, whereas South Africa has followed a legislative route involving negotiation and enforcement of target-based, statutory requirements, under less centralized oversight.