Mbalula's race quotas for sports teams unlawful
Trade union Solidarity today said in a letter to Sports Minister Fikile Mbalula that his intention for national sports teams to field a quota of 60% black players is contrary to the Employment Equity Act that prohibits quotas. This comes after the media quoted Mbalula as saying that sports teams such as the Springboks, the Proteas and Bafana Bafana will be banned from international competition should they not comply with the quota.
Johan Kruger, Solidarity spokesperson, says that players, who have contracts with unions or companies, are undoubtedly employees and that the Employment Equity Act applies to them. ‘The Employment Equity Act authorises numerical targets but specifically prohibits quotas. What Minister Mbabula proposes, and in so many words labels as quotas, is therefore an unlawful way in which to achieve racial transformation. As a trade union we have sports professionals as members, and therefore we have every right to ask these questions and to test the legality of the decision.'
The trade union also requested to be furnished with the official minutes of the meeting at which the minister and the provincial MECs for sport had discussed the matter and resolved to implement the 60% quota with immediate effect. ‘If we are not furnished with the minutes we will lodge an application for access to information in order to obtain the minutes. We are already obtaining legal advice on the possibilities of contesting the minister's decision.'
Mbalula's threats that the funding of sports teams not complying with the quotas would be withdrawn are outrageous. ‘There is no place for this kind of interference in professional sport. It is inconceivable that the Minister of Sport would go so far as to oppose sponsorships and ban international participation under the banner of racial transformation.'
The letter to Mbalula follows below: