DA federal council chair Helen Zille said her party was not in the GNU to please the ANC as it heads to court to challenge the Employment Equity Amendment Act. [Image: X/@DAGauteng]
JOHANNESBURG – The Democratic Alliance (DA) is challenging the controversial Employment Equity Amendment Act in the Pretoria High Court, a move that has met strong condemnation from the African National Congress (ANC) and its allies, further exposing deep fissures within the Government of National Unity (GNU).
The DA contends that the amendments, particularly those allowing the Minister of Employment and Labour to set sector-specific equity targets, amount to discriminatory racial quotas that could harm the economy.
The legal challenge, which the DA initiated in 2023, targets Section 15A of the Act and the Minister’s authority to establish these numerical targets. DA Federal Executive chairperson Helen Zille described the amendment as “totalitarian,” arguing it imposes “absolute barriers” based on birth and unfairly impacts minority groups in provinces such as KwaZulu-Natal and the Western Cape.
The party also asserts that the legislative process should have invoked Section 76 of the Constitution, which deals with bills affecting provinces, to ensure provincial interests were adequately considered. The DA fears the EEAA will impose rigid national race quotas in the workplace.
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Transformation goals clash with quota concerns
Supporters of the Employment Equity Amendment Act, including President Cyril Ramaphosa and the ANC Youth League (ANCYL), maintain that the legislation is crucial for redressing historical imbalances and advancing transformation. President Ramaphosa stated that the Act prohibits unfair discrimination and is a vital tool in overcoming the “structural inequality” inherited from apartheid. He emphasized that top management in the private sector remains predominantly white and urged companies to embrace inclusivity.
The ANCYL echoed these sentiments, with Secretary-General Mntuwoxolo Ngudle calling the DA’s court action a “direct attack on South Africa’s constitutional values of redress and equality.” The Youth League highlighted persistent disparities, citing a 2023 Commission for Employment Equity report showing that white South Africans, representing less than 8% of the population, occupy over 60% of top management roles in the private sector. Furthermore, 2024 Stats SA data indicates nearly 60% of black youth aged 15-34 are unemployed, compared to under 10% of their white counterparts.
ANC Chief Whip Mdumiseni Ntuli characterized the DA’s challenge as an “assault on transformation,” stating the party cannot remain silent while attempts are made to reverse transformative laws. The dispute over the legislation has already caused significant tension within the GNU, with the ANC’s parliamentary caucus reportedly pressuring party leadership regarding the DA’s continued inclusion in the coalition.
This legal battle is seen by many as a critical test for the stability of the GNU, as it touches upon fundamental ideological differences regarding South Africa’s path to economic and social equity. Businesses have also expressed concerns about the increased bureaucratic burden and potential fines for non-compliance associated with the new regulations.
