Trade union Solidarity will head to court on Wednesday (18 September) to challenge sections of South Africa’s affirmative action legislation.<\/p>\n
The union has asked the Labour Court to force the government to implement the recommendations of a report on equality released by the South African Human Rights Commission (SAHRC).<\/p>\n
According to Solidarity chief operating officer Dr Dirk Hermann, the main findings of the SAHRC report includes:<\/p>\n
“Government has not made any changes to the Employment Equity Act yet, despite the country\u2019s human rights watchdog having found that its unnuanced racial approach is unconstitutional,” he said.<\/p>\n
“To persist with this without trying to have the findings set aside is contemptuous of an institution established by the constitution and is in contempt of the constitution itself.”<\/p>\n
Hermann added that the government has not taken the SAHRC\u2019s report on review either and hence it is bound by it.<\/p>\n
For as long as the findings and recommendations are not legally challenged those findings and recommendations stand, he said.<\/p>\n
“Government had 60 days to challenge the findings. A year and a half have since gone by and they have thus forfeited their right to challenge the report,” Hermann said.<\/p>\n
“We are now asking the Labour Court to oblige government to implement the recommendations, which would mean amending the Employment Equity Act.”<\/p>\n