GNU partners face off as DA challenges Employment Equity Act

THE tension within South Africa's Government of National Unity (GNU) reached a boiling point this week as the Democratic Alliance (DA) initiated court proceedings against the Department of Employment and Labour's controversial Employment Equity Act amendments.

- MAYIBONGWE MAQHINA

This legal action is seen as a manifestation of long-standing policy disagreements among coalition partners, which political analysts argue were never properly resolved when forming the GNU.

Unisa political studies lecturer Professor Dirk Kotze highlighted the absence of a comprehensive policy agreement when the coalition was formed.

“What is happening now is that each of them, when they emerge, it becomes a dispute or crisis like it was with the Expropriation Act, the Bela Act, and the National Health Insurance because there is no new legislation now,” said Kotze.

“It's symptomatic of the fact that they didn’t negotiate the complete agreement on both policy matters in general or across the board, and that these issues now emerge one by one, and they have to actually deal with them piecemeal, instead of in a comprehensive way,” he said.

The Employment Equity Amendment Act, passed by Parliament in 2022, empowers the Minister of Employment and Labour to set sector-specific numerical targets aimed at achieving equity within the workplace.

In its constitutional challenge, the DA argues that Section 15A undermines fundamental principles of equality before the law.

After hearing arguments by the parties on Tuesday, the Pretoria High Court reserved judgment in the application. The DA insists the amendments on the Employment Equity Act are unconstitutional and violate the principle of equality before the law.