Legal battle over Employment Equity Amendment Act begins

THE DA's legal challenge of the Employment Equity Amendment Act started in the Gauteng High Court, Pretoria, yesterday, with Minister of Employment and Labour Nomakhosazana Meth as the first respondent.

- MASHUDU SADIKE

In its court papers as the applicant, the DA contends the amendments replace a context-sensitive approach, where employers set their numerical targets for employment equity with a rigid, one-size-fits-all system of minister-determined targets. Non-compliance could result in severe penalties.

The DA argues this violates Section 9 of the Constitution, which governs equality and affirmative action.

While Section 9(2) permits affirmative action, it must be approached cautiously and not unduly infringe on dignity or establish absolute barriers.

The DA asserts the Amendment Act's mandatory targets are blunt and rigid, potentially amounting to unconstitutional quotas. Furthermore, the DA claims the Amendment Act is entirely invalid due to incorrect tagging during the parliamentary process.