Judgment in the Democratic Alliance (DA) Court case challenging the Employment Equity (EE) Amendments Act was reserved this week. It will be handed down in at least three months.

DA has launched a constitutional challenge to Section 15(A) of the Employment Equity Amendment Act, which it said introduced rigid national race “quotas" in the workplace. The party said “quotas" will destroy jobs, undermine the economy, and violate the constitutional rights of all South Africans.

Section 15(A) deals with aspects that give the Employment and Labour Minister powers to set sector numerical targets in relation to workplace transformation.

In its papers filed with the North Gauteng High Court in Pretoria, the DA has indicted the Employment and Labour Minister, Commission for Employment Equity (CEE), Speaker of the National Assembly, Chairperson of the National Council of Provinces, and the Premiers of the country's nine provinces.

DA Counsel Ismail Jamie said the party challenges Section 15(A) because it will allow the Employment and Labour Minister to 'unilaterally' impose inflexible and rigid targets, which they described as quotas. He argued that the setting of targets has consequences. Jamie said achieving the target would have to be it" to do business with the State.

According to Jamie, there are consequences for the erroneous implementation of one aspect of legislation, and this makes the entire Act unconstitutional. He said in the submission the party was calling for the EE Amendment Act to be declared unconstitutional and also described it as offensive.

The State, represented by Advocate Fana Nalane, said the EE Amendment Act does not seek to create a window dressing. Nalane said most of the aspects the DA was challenging are not new and have always been in the legislation. He dismissed the quota argument as invalid. He argued that the proposed EE Amendments proposed the setting of targets, and these were flexible in that they are decided by employers in consultation with internal workplace stakeholders.

Nalane said South Africa was seized with transformation, and the setting of targets was meant to measure and track the degree of progress. He further disclosed that the setting of targets was not new.

“That the targets are set by the Minister does not mean these are rigid," he said, “the idea that non-compliance will be sanctioned following the amendments is not true. The sanction provision has always been there".

He said the argument that the Minister was bent on creating a “new regime" is not supported by any facts. He called for the Court to dismiss the DA's application.

The State lawyers said there is no case and that the DA has woefully failed to make one against the EE legislation. 

For media inquiries, please contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ teboho.thejane@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour

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