The Pretoria High Court has postponed its judgment in the Democratic Alliance’s (DA) legal challenge to the Employment Equity Amendment Act, with a decision expected at a later date.
During Tuesday’s hearing, the DA argued that the amended law is unconstitutional and undermines the principle of equality before the law. The party believes the original version of the Act struck a fair balance between transformation and fairness by allowing flexibility and prohibiting strict quotas.
Advocate Ismail Jamie, representing the DA, said the introduction of demographic targets could lead to unfair discrimination, particularly in provinces like the Western Cape and KwaZulu-Natal, where coloured and Indian communities form a large part of the population.
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At the heart of the case is Section 15A of the amended Act, which requires fair representation of suitably qualified people from designated groups at all job levels. This section also allows the Minister of Employment and Labour to impose binding numerical targets on employers in specific sectors.
The government, including the Minister, Parliament, and other national bodies, has opposed the application. Advocate Fana Nalane, representing the state, defended the amendments, arguing that they do not promote racial bias or quotas but aim to accelerate transformation by tailoring equity targets to each sector’s needs.
The case has drawn strong political reactions, with the DA facing criticism for opposing legislation seen as central to workplace transformation efforts.