Skip to main content

Constitutionality of affirmative action, BEE to be challenged in ConCourt

| Legislation

The Constitutional Court is on 2nd November 2017 expected to hear a case brought by trade union Solidarity and the South African Restructuring and Insolvency Practitioners' Association (Saripa) challenging the constitutionality of BEE and affirmative action.

The court case relates to the abolition of the Department of Justice's appointment policy insofar as liquidators are concerned, according to a statement issued by both Solidarity and Saripa.

Head of Solidarity's Centre for Fair Labour Practices Anton van der Bijl said the hearing comes after the Western Cape High Court and the Supreme Court of Appeal earlier this year ruled in favour of Solidarity and Saripa.

Van der Bijl said the appointment policy amounts to "inadmissible and unconstitutional quotas that are prohibited by the Employment Equity Act". 

Van der Bijl contends that the constitutionality and strict implementation of affirmative action and BEE would be tested during the crucial case.

"With this case we are drawing a line in the sand, saying enough is enough! This racially obsessed approach, in contrast to a more comprehensive and nuanced approach based on merit and training, is not good for the country and its citizens," Van der Bijl said. 

The case is expected to be heard at the Constitutional Court at 10:00. 

Pin It

Related Articles

NHI: Business gears up for possible legal battl...

By: Ahmed Areff - News24 Business Unity SA (BUSA) has confirmed that it will consider legal action after President Cyril Ramaphosa signs the controversial National Health Insurance Bill into law this week. 

Electricity Regulation Bill will open competiti...

By: Siyabonga Mkhwanazi - IOL Mineral Resources and Energy Minister Gwede Mantashe says the Electricity Regulation Amendment Bill will open competition in the market.

New Minimum Wage Set to Take Effect on March 1s...

As the countdown to the implementation of the new minimum wage draws closer, the nation finds itself at the precipice of a profound transformation in its labour landscape. With revised minimum wage regulations set to come into force on March 1st...

Spar director fined R1 million after refusing n...

By: Brenda Masilela - IOL The Johannesburg Labour Court has fined Spar director R1 million after he refused on more than one occasion to reinstate a worker who was unfairly dismissed.

SARS wants to change VAT collection in South Af...

The South African Revenue Service (SARS) has published a discussion paper on ways to modernise the VAT collection process.