Labour Court Dismisses Solidarity Affirmative Action Legality Bid

Riyaz Patel

The Labour Court has dismissed an application by trade union Solidarity, which challenged the Employment Equality Act and affirmative action legislation as unconstitutional.  

The trade union approached the court arguing that some pieces of the act governing affirmative action be declared unconstitutional, in line with findings articulated by the SA Human Rights Commission (SAHRC).

The 2018 report evaluated government’s programme of socio-economic transformation from a rights-based perspective.

The study in part, also dealt with transformation in the workplace, and the implementation of the Employment Equity Act.

The trade union had used the report to seek an order declaring that Section 42 of the Employment Equity Act is unconstitutional.

The Department of Employment and Labour welcomed Tuesday’s judgement reconfirming the constitutionality and legality of affirmative action.

Solidarity said it is now considering approaching the Constitutional Court to rule on the SAHRC report. 

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