DA on why it wants 'rigid racial quotas' removed

AMENDMENTS to the Employment Equity Act (EEA) were replacing 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.

- MASHUDU SADIKE

The DA argued before the Gauteng High Court, Pretoria, yesterday that 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 party said.

The DA is challenging the constitutionality of section 15a of the Employment Equity Amendment Act which seeks to introduce numerical targets for the representation of black people, women and people with disabilities in companies with more than 50 employees. Advocate Ismail Jamie SC representing the DA, argued that rigid racial quotas are harming employment opportunities.

Jamie said that a woman looking for work in the financial sector in Gauteng can only be employed if she is coloured while an Indian woman in the financial sector would struggle to find employment under the draft numerical targets in the Employment Equity Act (EAA).

Attorneys representing the DA said the party is challenging 'job-killing quotas'.