Skip to content
General-news — Pretoria — Launched — 2025 — Discrimination — Politics — Equity

South Africa's Democratic Alliance (DA) party disputes the labour equality legislation

Legal dispute arises over nationwide law mandating diversity hiring quotas for minorities, now under judicial scrutiny.

,   and  ASMedia
3 min read
Legal controversy arises as local court processes question a recently implemented law mandating...
Legal controversy arises as local court processes question a recently implemented law mandating equity goals for minority workforce recruitment nationwide.

South Africa's Democratic Alliance (DA) party disputes the labour equality legislation

Published at 07 May 2025

A blazing courtroom battle over a new law allowing for sector-specific employment equity targets across the country has lit up the courts.

The fiery legal skirmish, ignited by the South African Democratic Alliance (DA) party roughly two years ago, revolves around the constitutionality of the Employment Equity Amendment Act 2022, which nudged into action in January of this year. This law empowers the Minister of Employment and Labor to set numerical targets for companies to ensure "an equitable representation of qualified individuals from designated groups at all occupational levels".

According to the DA, the act fails to uphold the "measure of fairness" promised by section 9.2 of the South African Constitution, which permits fair discrimination if employed to achieve redress. The party also contests the law's placement, arguing that it should be tagged under section 76 instead of section 75.

THE AMENDMENTS UNFURLED

At a fiery press conference, DA Federal Council Chairperson Helen Zille unraveled that the act will simply "inflame unemployment, dampen economic growth, and leave even more individuals marginalized in our economy". She voiced concerns that the law could also sour foreign investment in the country.

Under the amendments, the Employment Minister has the power to set quotas for the hiring of black people, women, and individuals with disabilities. Employers not meeting these targets must provide explanations for their shortcomings, and face penalties such as fines, criminal prosecution, and exclusion from government contracts.

In a press release, Zille denounced the legislation as a "draconian" and "unfair" law that grants "totalitarian powers of social engineering" to the government. Noting the exemption for companies with 50 or fewer employees, she also expressed concerns that the law could stifle economic growth across industries by discouraging businesses from expanding their workforce.

TURNING BACK TIME

The Ministry of Employment and Labor, a defendant in the proceedings, dismissed the legal challenge as "an overt attempt to roll back the progress" made since the creation of the South African democratic constitution in 1994.

Minister of Employment and Labor Nomakhosazana Meth declared, "The DA is recklessly sabotaging the transformation goals established since the end of apartheid, effectively impeding progress towards equality and fairness in the workplace. This stance is not only anti-transformation, but also a step backward in the fight for equality and fairness in the workplace."

MUPPETS IN THE HEADLIGHTS

The proceedings unfold months after US President Trump fired up an executive order, dubbed 'Addressing the Absurd Actions of the Republic of South Africa', which squared off against South Africa's recently enacted Expropriation Act 2024 and cut off all US aid and support to the country. The order accused the legislation of attempting to "dismantle equal opportunity" and fuel "discriminatory rhetoric and government actions inciting disproportionate violence against landowners". It also promised US support for the resettlement of "Afrikaner refugees escaping government-sponsored race-based discrimination".

  1. The Employment Equity Amendment Act 2022, which was launched in January 2025, has stirred a heated debate in the courts, with the South African Democratic Alliance (DA) challenging its constitutionality.
  2. In a press conference, DA Federal Council Chairperson Helen Zille argued that the act, which sets numerical targets for the hiring of black people, women, and individuals with disabilities, could inflame unemployment, dampen economic growth, and discourage foreign investment.
  3. The Minister of Employment and Labor, Nomakhosazana Meth, dismissed the legal challenge as an attempt to roll back the progress made since 1994 and impede progress towards equality and fairness in the workplace.
  4. The courtroom battle over the act follows a controversy involving US President Trump, who previously issued an executive order targeting South Africa's recently enacted Expropriation Act 2024, accusing it of promoting discriminatory actions and fueling violence against landowners.

Read also:

Related

Latest