Trade union Solidarity has launched an application in the Labour Court in which it challenges the constitutionality of employment equity amendments contained in the recently promulgated Employment Equity Amendment Act.
Solidarity alleges that the amendments are unconstitutional. Solidarity further contends that the amendments are contrary to international labour conventions.
According to Dirk Hermann, Solidarity’s Chief Executive:
“The level at which the government wants to normalise discrimination in the workplace is shocking. The government wants to impose race targets that all employers in the country will have to meet. Through this law the Minister of Labour acquires unprecedented powers that will intensify the stranglehold race has on South Africa”.
In its court papers, Solidarity questions among other things the following matters:
- Whether too much power is granted to the minister of Employment and Labour, which undermines the nuanced approach to affirmative action as required by the Constitution; and
- Whether the amendments are inconsist in respect of the Republic’s responsibilities under international law.
Hermann added the following regarding the challenge to the constitutionality of employment equity amendments in the Amendment Act:
“It is unacceptable that the government wants to usurp even more power, and then use it to exercise central control in workplaces, sector by sector. Solidarity was involved in the process throughout by participating in parliamentary processes over the proposed legislation, but these contributions and letters addressed to the Presidency fell on deaf ears. Clearly the government had every intention to implement the law in its current format, and of allocating more power to itself.”
Solidarity further believes that this form of legislation based on race does not aim to correct historical inequalities, but rather aims to apply social control based on the colour of people’s skin. According to Hermann:
“Approaching the Labour Court is the first step in a major process to ensure that the ANC government does not succeed in controlling South Africa through upside down legislation. The South African government is now reckless with race and went too far. The Constitutional Court recently found that the government went too far when it only provided financial aid to black-owned businesses during the Covid-19 pandemic. With this race law the government is taking it too far once again.”
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