Dirk Groenewald, head of Solidarity’s Centre for Fair Labour Practices, says the amendment bill makes provision for the government’s enforcement of national racial demographics. ‘This stands in contrast with the Labour Court in Cape Town’s recent ruling in the case between Solidarity and the Department of Correctional Services (DCS). The court ruled that when appointments are made on the basis of the national racial demographics, and unique regional differences such as those existing in the Western Cape are disregarded, it amounts to unfair discrimination.’
Groenewald says as a result, and because of sharp criticism regarding the constitutionality of some of the amendments, Zuma should have had the constitutionality of the amendment bill tested in the Constitutional Court before he approved it. ‘It is alarming that despite sharp criticism and the constitutional mechanisms at his disposal, President Zuma nonetheless decided to steamroller the bill through as quickly as possible.’
The proposed changes would mean that the Act would not be about redressing injustices of the past, but that it would simply force employers to ensure that its workforce is a reflection of the national racial demographics. These amendments are nothing less than an effort to bring legislation in line with the government’s demonstrated obsession with race.
