The Pretoria High Court has reserved judgment in the Democratic Alliance’s (DA) challenge to the Employment Equity Amendment Act.
A ruling will be delivered at a later date.
The matter was heard on Tuesday, with the DA arguing that the recent amendments are unconstitutional and violate the principle of equality before the law. The government is opposing the application.
Advocate Ismail Jamie SC, representing the DA, told the court that the previous version of the Employment Equity Act achieved an appropriate balance between transformation and fairness. He noted that it prohibited quotas, allowed for flexibility, and enabled employers to set targets based on their specific operational needs.
Jamie contended that the introduction of demographic targets amounts to unfair discrimination, particularly against coloured and Indian communities in provinces such as the Western Cape and KwaZulu-Natal, where these groups comprise a significant share of the population.
The DA is challenging Section 15A of the amended Act, which mandates the equitable representation of suitably qualified individuals from designated groups across all occupational levels. This section empowers the Minister of Employment and Labour, Nomakhosazana Meth, to set binding numerical targets for designated employers within specific sectors.
Minister Meth, the Commission for Employment Equity, the Speaker of the National Assembly, and the Chairperson of the National Council of Provinces are all opposing the application.
Advocate Fana Nalane SC, representing the Minister and Parliament, assured the court that the amendments would not negatively affect employment or the economy. He rejected the DA’s assertion that the law promotes racial bias over merit.
“We say no, that is not correct. In the first place, it doesn’t refer to quotas,” said Nalane. “We will also argue that there is no violation of the principle, as the Act introduces a significant role for the minister.”
Nalane maintained that the Act grants the minister the authority to implement numerical equity targets tailored to the specific needs of different sectors to promote transformation.
The African National Congress (ANC) has also criticised the DA for challenging the legislation in court.
kamogelo.moichela@iol.co.za
IOL Politics
