Zuma assents to bill despite guiding court decisions

The Solidarity trade union today expressed concern over President Jacob Zuma's assent of the Employment Equity Amendment Bill. This is an attempt by Zuma to simply undo several crucial court decisions on affirmative action by ratifying a law empowering the government to do exactly what the court has labelled as unfair discrimination.

Dirk Groenewald, head of Solidarity's Centre for Fair Labour Practices, said the amendment bill inter alia makes provision for the government's enforcement of national racial demographics. ‘This stands in contrast with the Labour Court in Cape Town's recent ruling in the case between Solidarity and the Department of Correctional Services (DCS). The court ruled that when appointments are made on the basis of the national racial demographics, and unique regional differences such as those existing in the Western Cape are disregarded, it amounts to unfair discrimination.'

Groenewald said as a result, and because of sharp criticism regarding the constitutionality of some of the amendments, Zuma should have had the constitutionality of the amendment bill tested in the Constitutional Court before he approved it. ‘It is alarming that despite sharp criticism and the constitutional mechanisms at his disposal, President Zuma nonetheless decided to steamroller the bill through as quickly as possible.'

Solidarity has repeatedly warned that the proposed changes would mean that the Act would not be about redressing anything at all, but that it would be all about race. ‘Section 42 (2) and 42 (3) of the amendment bill affords the Minister of Labour too much arbitrary power. This will enable the minister to issue regulations that could force any designated employer to ensure that its workforce is a reflection of the national racial demographics at all levels and in all workplaces. Solidarity is involved in various court cases against state institutions where this unilateral approach is already being applied by the government. Therefore, these amendments are nothing less than an effort to bring legislation in line with the government's demonstrated obsession with race,' said Groenewald.

Statement issued by Dirk Groenewald Head: Centre for Fair Labour Practices, Solidarity, January 22 2014

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