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Constitutionality of affirmative action, BEE to be challenged in ConCourt

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The Consitutional Court. Picture: Felix Dlangamandla/Netwerk24
The Consitutional Court. Picture: Felix Dlangamandla/Netwerk24

Are black economic empowerment and affirmative action unconstitutional?

A case that challenges these two policies, instituted as a way of closing the inequality gap following apartheid, will be heard by the Constitutional Court today.

The case was brought by trade union Solidarity and the South African Restructuring and Insolvency Practitioners’ Association. It relates to the abolition of the department of justice’s appointment policy insofar as liquidators are concerned.

The head of Solidarity’s centre for fair labour practices, Anton van der Bijl, said the hearing came after the Western Cape High Court and the Supreme Court of Appeal earlier this year ruled in favour of Solidarity and the association.

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

Van der Bijl contended 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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