Judgement in DA’s Employment Equity Act application reserved

The judgement in the Democratic Alliance’s application against Section 15a of the Employment Equity Act has been reserved by the High Court in Pretoria. Section 15a of the Employment Equity Act will give the Minister of Labour and Employment powers to set targets in particular employment sectors.

The DA has described the new amended Act as unconstitutional and unfair, arguing that this move by government is introducing racial quotas. However, the ANC rejected the DA’s court application, describing it as a gimmick.

ANC Gauteng Provincial Task Team (PTT) coordinator Hope Papo has described the DA’s court challenge as an insult to black people.

“This gimmick by the DA is an assault and affront and an insult to all black people. By black people, I mean Africans, Indian and coloured. Coloured people and Indian people are not only found in the Western Cape and in KZN. They are found all over the country. The Act tries to deal with centuries over 500 years of colonialism, and apartheid, taking over from colonialism,” says Papo.

Judgement reserved in DA’s challenge:

Counsel for the Department of Labour and Employment Advocate Fana Nalane has argued that nothing prevents the minister from setting sectoral targets as prescribed in the Employment Equity Act.

Nalane says sectoral targets have always been ingrained in the Employment Equity Act, even without the amendment.

Nalane says there is nothing constitutionally impermissible with what the Labour Minister has done.

“So the concept that numerical targets have to be set and goals have to be set is something which is inherent in the pre-amendment legislation. Yes, so 15 deals with – but I’m saying in the sense of who deals with, who sets the goals – so, I’m saying the principle of setting goals, numerical goals, is not something which has not been done before. The difference is that it was done by the employers, and then they would then submit their equity plans to the ministry and the department,” argues Nalane.

Counsel for the DA Advocate Ismail Jamie has argued that the targets set out in the Employment Equity Amendment Act, are vague. The DA, which is the applicant in the matter, has argued that government’s Employment Equity Act is unfair and unconstitutional.

Under the Act, private companies will be forced to comply with employment laws when hiring South Africans or risk a penalty. But Jamie says while the quotas set out by government must be achieved within a five year period by private companies, government does not set out how it should be done.

DA’s court bid against Employment Equity Act: