Solidarity is now preparing for “an enormous legal battle” over the new Employment Equity Act after pres. Cyril Ramaphosa ratified this law on Wednesday.
Solidarity already in August last year to the president writing and pointed out that the amendments to this law are unconstitutional. The trade union says it has also obtained a legal opinion which confirms this and that Solidarity has made submissions in this regard to parliament.
“The president is therefore aware that Solidarity would go to court if he were to sign the law. He has indeed done it now and we are now preparing for the court,” said Dr. Dirk Hermann, managing director of Solidarity, said on Wednesday.
Solidarity has previously pointed out that the amended law is not only unconstitutional, but also contrary to an earlier finding of the South African Human Rights Commission (SAHRC) which indicates that South Africa’s racial legislation is unconstitutional and not in line with international norms and values does not match.
Rhewal used to report the amendment bill sets numerical sector-specific employment targets to employ those who are still under-represented in the workplace – black people, women and people with disabilities.
According to Solidarity, this legislation grants draconian racial powers to the minister. Solidarity’s legal team has therefore already started preparing for litigation and has indicated that it will serve its court papers soon.
“The minister can now do central racial planning based on his own discretion. It would be the most sweeping race-manipulating legislation in the world. It is expected that the private sector will have to follow the example of the state. Private enterprises will become state-run racial enterprises,” says Hermann.
“This law, which imposes racial targeting on sectors, will have disastrous consequences for our economy. New definitions of “designated employers” will force small businesses to stay small and cost thousands of jobs.”
Hermann says that for those who are lucky enough to keep their jobs, this will completely stop any promotion possibilities.
“This will mean that the exodus of skills to foreign countries will only accelerate 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 racial madness must be resisted at all costs. We simply cannot afford not to do that.”
“Without intervention, this government will continue its policy of ineffective centralization and even go so far as to take over the human resources function in organisations.”
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