Constitutionality of affirmative action, BEE to be challenged in Concourt

Head of Solidarity's Centre for Fair Labour Practices Anton van der Bijl said the hearing comes after the Western Cape High Court and the Supreme Court of Appeal earlier this year ruled in favour of Solidarity and Saripa. (Oupa Nkosi, M&G)

Head of Solidarity's Centre for Fair Labour Practices Anton van der Bijl said the hearing comes after the Western Cape High Court and the Supreme Court of Appeal earlier this year ruled in favour of Solidarity and Saripa. (Oupa Nkosi, M&G)

The Constitutional Court is on Thursday expected to hear a case brought by trade union Solidarity and the South African Restructuring and Insolvency Practitioners’ Association (Saripa) challenging the constitutionality of BEE and affirmative action.

The court case relates to the abolition of the Department of Justice’s appointment policy insofar as liquidators are concerned, according to a statement issued by both Solidarity and Saripa.

Head of Solidarity’s Centre for Fair Labour Practices Anton van der Bijl said the hearing comes after the Western Cape High Court and the Supreme Court of Appeal earlier this year ruled in favour of Solidarity and Saripa.

Van der Bijl said the appointment policy amounts to “inadmissible and unconstitutional quotas that are prohibited by the Employment Equity Act”.

Van der Bijl contends that the constitutionality and strict implementation of affirmative action and BEE would be tested during the crucial case.

“With this case we are drawing a line in the sand, saying enough is enough! This racially obsessed approach, in contrast to a more comprehensive and nuanced approach based on merit and training, is not good for the country and its citizens,” Van der Bijl said.

The case is expected to be heard at the Constitutional Court at 10am. – News24

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