Solidarity asks court to oblige government to amend affirmative action legislation
15 September 2019
Solidarity will ask the Labour Court in Johannesburg on Wednesday to oblige government to implement the recommendations of a report on equality released by the South African Human Rights Commission (SAHRC).
According to the report, certain parts of the Employment Equity Act (EEA) do not comply with the Constitution and international conventions. In this regard, the Equality Report states: “The employment Equity Act’s definition of designated groups is not in compliance with constitutional or international law obligations.”
Solidarity believes this could signal the end of affirmative action as it currently stands.
In its Equality Report the SAHRC recommended that the Employment Equity Act be amended, and that government give feedback on how the Act would be amended within six months after the release of its report. The recommendation reads as follows: “It is accordingly recommended that the EEA be amended to target more nuanced groups on the basis of need and taking into account social and economic indicators and that government report to the SAHRC within six months of the release of the Equality Report on steps taken or intended to be taken to amend the EEA.”