Africa-Press – South-Africa. The Democratic Alliance (DA) says giving the Employment and Labour Minister a blank cheque to set race-based targets for employers across industries is a bad thing.
In a case before the North Gauteng High Court on Tuesday, it argued that setting such targets that do not take provincial demographics into account is the same as setting quotas.
But Minister Nomakhosazana Meth has countered the claim telling the court that this power is not exercised indiscriminately – and is a consultative process that the da should consider challenging instead.
The DA has argued that the targets set by the employment minister in regulations published last month – and which are to be applied nationally- would have the effect of discriminating against certain groups of people depending on the province.
Advocate Ismail Jaimie said that while his clients had no issue with affirmative action, it does not agree with how the Employment Equity Amendment law aims to achieve this is.
“Quota is not defined, but that does not mean that something that isn’t strictly a quota is by definition constitutionally okay. It is isn’t.”
But advocate Fana Nalane, representing the Employment Minister and the Commission for Employment Equity, said giving the minister these powers doesn’t mean the law is unconstitutional, nor that the targets are rigid or inflexible.
He said it’s also not the department’s intention for people to lose their jobs, as suggested by the DA.
“To bandy around phrases like are going to have to fire and hire people’ in order to meet the targets is not in line with Section 15.4 has not been amended. It stood then, and it stands now.”
Judgment in the matter has been reserved.
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