Solidarity serves summons on Pres Ramaphosa about race law
10 May 2023
Solidarity today announced at a media conference that it has served a summons on Pres. Ramaphosa, the Department of Employment and Labour, as well as the Minister holding this portfolio, the Director-General of Employment and Labour, and the Employment Equity Commission. This comes after the president earlier this year signed the Amendment Bill on so-called employment equity.
Solidarity disputes the constitutionality of the amendment bill in its court papers. Solidarity further contends that this law is contrary to international labour conventions and that the government is guilty of being in contempt of such conventions.
“The level at which the government wants to normalise discrimination in the workplace is shocking. The government wants to impose race targets that all employers in the country will have to meet. Through this law the Minister of Labour acquires unprecedented powers that will intensify the stranglehold race has on South Africa,” Dr Dirk Hermann Solidarity Chief Executive said.
In its court papers Solidarity questions among other things the following matters:
1. The fact that too much power is granted to the minister of Employment and Labour, which undermines the nuanced approach to affirmative action as required by the Constitution; and
2. The law’s inconsistency in respect of the Republic’s responsibilities under international law.
“It is unacceptable that the government wants to usurp even more power, and then use it to exercise central control in workplaces, sector by sector. Solidarity was involved in the process throughout by participating in parliamentary processes over the proposed legislation, but these contributions and letters addressed to the Presidency fell on deaf ears. Clearly the government had every intention to implement the law in its current format, and of allocating more power to itself,” Hermann said.
Solidarity further believes that this form of legislation based on race does not aim to correct historical inequalities, but rather aims to apply social control based on the colour of people’s skin.
“Approaching the Labour Court is the first step in a major process to ensure that the ANC government does not succeed in controlling South Africa through upside down legislation. The South African government is now reckless with race and went too far. The Constitutional Court recently found that the government went too far when it only provided financial aid to black-owned businesses during the Covid-19 pandemic. With this race law the government is taking it too far once again. There is no justification for it. Solidarity is gearing up for a battle in court that will force the government here and worldwide to be held accountable,” Hermann concluded.
Download the court papers here.
Issued by Dirk Hermann, Chief Executive Officer, Solidarity, 10 May 2023
