The Democratic Alliance (DA) has taken a bold step by filing an application in the Pretoria high court to challenge the employment equity quotas in the Employment Equity Amendment Act. The party argues that these quotas are nothing but a form of “racial exclusion under a new name.”
According to DA spokesperson on labour, Michael Bagraim, the party is set to challenge the Act which became law in January 2025. The Act sets hiring quotas for 18 economic sectors, aiming to increase opportunities for designated groups such as blacks, women, and people with disabilities. Companies with 50 or more employees are required to align their employment equity plans with the new targets specified for each sector.
Bagraim emphasized that the DA’s challenge is based on a “constitutional invalidity” and an “abuse of state power.” He argues that Section 15A of the Act introduces rigid national race quotas in the workplace, which violate the constitutional rights of all South Africans. The party believes that true transformation should focus on inclusive economic growth that benefits all individuals, rather than promoting division.
The law represents a departure from previous employment equity legislation, shifting from companies setting their own equity goals to meeting government-imposed demographic targets. Bagraim highlighted that the Minister’s powers under Section 15A are vague and unchecked, leading to the enforcement of binding quotas with potential penalties for non-compliance.
The DA’s legal challenge aims to overturn Section 15A, as the party believes that the issue lies in the enabling law rather than the quotas themselves. The party stands firm on the principle that every South African should be employed based on their skills and contributions, rather than their race.
The government’s decision to exempt businesses with fewer than 50 employees from the quotas suggests a tacit acknowledgment of the damaging effects of these quotas. The DA’s court action seeks to address the fundamental flaw in the law that enables such quotas, with a focus on fostering economic growth and job creation.
In conclusion, the DA’s challenge against the Employment Equity Amendment Act reflects its commitment to upholding the rights of all South Africans and promoting a fair and inclusive society. The party’s stance against racial exclusion and its advocacy for equal opportunities for all individuals demonstrate its dedication to ensuring a more just and equitable society for all.
