Specifically, to achieve government\u2019s goal of equal race representivity in all provinces, more than three million South Africans will have to relocate, Solidarity argued.<\/p>\n
![\"Share](\"http:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2015\/02\/Share-of-race-per-province.png\")
<\/a>Share of race per province<\/p><\/div>\n
In the Western Cape, coloured employees who brought the case to begin with would be hardest hit, the union said.<\/p>\n
“Coloureds are on their own”<\/h3>\n
“If it is found that affirmative action plans enforcing the national racial demographics in a province such as the Western Cape is lawful, it would mean that coloured South Africans will have to be ‘managed downward’ from their provincial representation of 52% to approximately 9%, the national figure,” Solidarity said.<\/p>\n
Solidarity previously reported that there were 1.1 million too many coloureds in the Western Cape, and 300,000 too many whites in the Gauteng, based on racial representivity.<\/p>\n
![\"Race](\"http:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2015\/02\/Race-group-per-province.png\")
<\/a>Race group per province<\/p><\/div>\n
![\"Race](\"http:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2015\/02\/Race-group-per-province-after-adjustment.png\")
<\/a>Race group per province after adjustment<\/p><\/div>\n
“The effect for other minorities such as the Indian community in KwaZulu-Natal, the coloured community in the Western Cape and also white South Africans in the rest of South Africa will be equally drastic,\u201d it said.<\/p>\n
Despite the gravity of the court case, the union points out that no civic groups have supported the DCS employees – with the South African Police Service and Cosatu opposing them, and the DA and ANC sitting silent on the matter.<\/p>\n
“Coloured people\u2019s votes are appreciated, but their legitimate battle, unfortunately, is not politically correct. The Western Cape voters are being sacrificed for a bigger national strategy,\u201d the union said.<\/p>\n
Important case<\/h3>\n
According to African Legal Centre<\/a>, the case being heard, while complex, is an important one which should settle some aspects of how employment equity plans should be formulated and implemented.<\/p>\n “The Court must decide exactly what is the general constitutional test to evaluate the manner in which an employment equity plan is formulated,” the group said.<\/p>\n “Is a traditional means-and-ends rationality analysis sufficient? Or should a more opaque standard of ‘fairness’ be applied? Or perhaps ‘proportionality’ is the central criterion of evaluation?”<\/p>\n “Or, as the Labour Appeal Court seems to suggest, perhaps all three tests have morphed into some congealed tiered-scrutiny test.”<\/p>\n “The Court should also pronounce on how such a test applies, given regional demographics involving a minority that was also disadvantaged by Apartheid,” the group said.<\/p>\n Notably, it has been pointed out that the Western Cape has a history of coloured labour preference, which “must be engaged with”.<\/p>\n This means the Constitutional Court may end up in the “uncomfortable” position of measuring which disadvantaged group suffered more under Apartheid, ALC said.<\/p>\n Too many whites in Gauteng<\/a><\/strong><\/p>\nMore on South Africa<\/h3>\n