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Employment Equity Under the Spotlight

February 9, 2021

Department of Employment and Labour

The Constitutional Court has dismissed Solidarity’s application for leave to appeal against the ruling of both the Labour Court and Labour Court of Appeals on Employment Equity.

In a statement, the employment and labour department added that the application sought to force the employment and labour minister, Thulas Nxesi, and the department to enforce a recommendation by the Human Rights Commission (SAHRC) on Employment Equity.

According to the department, the SAHRC had “averred that it was time for Employment Equity to be defined away from race and should look at socio-economic positions of people involved”.

The department pointed out that the Constitutional Court concluded “that the application be dismissed as it does not bear reasonable prospects of success” but did not award costs.

The minister declared that the Constitutional Court “correctly dismissed this frivolous court challenge which seeks to rewrite the painful past that we come from and the measures that have been instituted to ensure that the injustices of the past are redeemed to the extent possible”.