Solidarity heads to court over new ‘Employment Equity Act’

GAUTENG – Solidarity claims the act, which was signed into law by the president last month, is unconstitutional. The act amends contains new measures to promote diversity and equality in the workplace. The effective date is yet to be proclaimed by the President.

“Solidarity served a summons on the president today (Wednesday), says the trade union’s Dirk Hermann. “This is in connection with the new employment equity amendment act wherein the minister of labour is given extensive powers to issue a sectoral determination in terms of employment equity. We say this new act is unconstitutional and we will proceed with litigation steps.”

Hermann says it is unacceptable for the government to use race to control the workplace. “The level at which the government wants to normalise discrimination in the workplace is shocking. The government wants to impose race targets that all employers in the country will have to meet. It is unacceptable that the government wants to usurp even more power, and then use it to exercise central control in workplaces, sector by sector.

“Solidarity was involved in the process throughout by participating in parliamentary processes over the proposed legislation, but these contributions and letters addressed to the Presidency fell on deaf ears. Clearly, the government had every intention to implement the law in its current format, and of allocating more power to itself.”

The president’s spokesperson Vincent Magwenya says they have yet to receive the summons. “The Presidency is not in receipt of such a summons. When it does arrive, we will respond accordingly through the courts.”