By: Phakeme Mnguni
The ANC in Parliament says the DA’s legal challenge against the Employment Equity Amendment Act is a direct attack on South Africa’s transformation agenda and the progress made in building a more just and inclusive society.
The High Court in Pretoria is today hearing the DA’s application to declare sections of the amended Act unconstitutional. The DA argues that the law permits unfair racial discrimination by allowing the Minister of Employment and Labour to set numerical equity targets for various sectors — a move it claims violates the rights of individuals and businesses.
The Employment Equity Amendment Act, signed into law in April 2023, seeks to accelerate workplace transformation by empowering the minister to set sector-specific targets and compel designated employers to comply or face penalties. The legislation applies to companies with over 50 employees.
ANC Chief Whip Mdumiseni Ntuli says that in the Western Cape — where the DA governs — implementation of employment equity is lagging behind national standards, revealing what he calls the DA’s “resistance to meaningful change.”
Ntuli maintains that the Act is essential for addressing systemic inequalities in the labour market and promoting genuine diversity in the workplace.
The DA, meanwhile, argues that the law entrenches racial quotas and undermines merit-based employment.
