Solidarity ready for major litigation over new ‘race law’

12 April 2023

Solidarity today indicated that it is preparing for a huge legal battle over the new Employment Equity Act. This comes after Pres. Cyril Ramaphosa earlier today signed this Act into law.

Solidarity contends that on 23 August 2022 it had already written to the president, pointing out that the amendments are unconstitutional. Solidarity also obtained legal opinion which confirms this, and it has made submissions to this effect to Parliament.

“The president is therefore aware of the fact that Solidarity would go to court should he sign this Act into law. This is precisely what he has now done, and we are now preparing for court,” Solidarity Chief Executive Dr Dirk Hermann put it.

According to Solidarity, this legislation grants draconian racial powers to the Minister. Solidarity’s legal team has therefore already started to prepare for litigation and has indicated that it will serve its court papers soon.

“The minister can now do central racial planning at his own discretion. This would be the most drastic race-manipulating legislation in the world. It is anticipated that the private sector would have to follow the state’s example. Private enterprises will become state-run racial enterprises,” Hermann explained.

Solidarity is of the opinion that this Act is unconstitutional and that it is moreover directly contrary to an earlier finding of the South African Human Rights Commission (SAHRC) which indicated that even in its current format South Africa’s racial legislation is unconstitutional and not in accordance with international norms and values.

“This Act which imposes race targets on all sectors will have dire consequences for our economy. New definitions of “designated employers” will force small businesses to remain small and will cost thousands of jobs,” Hermann contended. “Any promotion opportunities for those fortunate enough to keep their jobs will be completely stopped. This will mean that the skills exodus would merely be accelerated and South Africa’s economy – like its public service – will become increasingly trapped in a spiral of inefficiency, contraction and imminent collapse. The state’s obsession with race must be opposed at all costs. We simply cannot afford it not to do so”.

“Without intervention this government would pursue its policy of ineffective centralisation, even going so far as to take over the human resource function in organisations,” Hermann concluded.

Issued by Anton van der Bijl, Deputy Chief Executive: Legal Matters, 12 April 2023