DA TAKE ON 'QUOTAS' IN COURT

The DA hauled the ANC-led government to court over the Employment Equity Amendment Act yesterday.  

The court case that began on Tuesday in the Gauteng High Court, Pretoria and lists Minister of Employment and Labour Nomakhosazana Meth as the first respondent.

In its court papers as the applicant, the DA said the amendments replace a context-sensitive approach with a rigid, one-size-fits-all system of minister-determined targets. Non-compliance could result in severe penalties.

The DA argues this violates Section 9 of the Constitution, which governs equality and affirmative action. While Section 9(2) permits affirmative action, it must be approached cautiously and not unduly infringe on dignity or establish absolute barriers. 

Furthermore, the DA claims the Amendment Act is entirely invalid due to incorrect tagging during the parliamentary process. Bills substantially affecting provinces should follow Section 76 of the Constitution, but this Bill was passed under Section 75.

The DA's court action argues that the Amendment Act discriminates unfairly and unconstitutionally, giving the Minister of Labour excessive powers to set rigid national targets for every economic sector without considering specific firm contexts.

DA dik ding Helen Zille said this could lead to exclusion from employment based on national quotas set by the minister, which is manifestly unfair to certain groups, such as Indians in KwaZulu-Natal or coloured people in the Western Cape.

Responding to the court action, Minister Meth claimed the DA's challenge is a clear attempt to reverse progress made since 1994 and maintain the unfair status quo. 

She said: "The Amendment Act empowers the minister to set numerical targets for equitable representation after consulting relevant sectors.”

She further emphasised that the Amendment Act introduces flexible employment equity targets, allowing designated employers to set annual numerical targets in their employment equity plans, which must follow sectoral targets. 

The court has reserved judgment until a later date.