ANALYSIS: Affirmative action illegal? Here are the facts in ...


ANALYSIS: Affirmative action illegal? Here are the facts in black and white

As Solidarity, labour dept fight in two courts, things can get confusing. We unpack them for you


A report by the SA Human Rights Commission suggesting changes to affirmative action laws has set the cat among the pigeons, causing such confusion that it is now being adjudicated separately by both the labour court and the high court.

Trade union Solidarity – which has been accused of trying to sneak a constitutional challenge to affirmative action through the back door – approached the labour court on Wednesday in a bid to secure an order instructing the government to make the changes suggested by the SAHRC. 

Solidarity said it turned to the labour court because the labour department had not responded to its findings that the Employment Equity Act (EEA) – the legislation that governs affirmative action – be amended...

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