Nedlac to engage with SAHRC over affirmative action

The government is seeking to engage the SA Human Rights Commission after the Chapter Nine body reportedly found that the country’s affirmative action and employment equity policies were unconstitutional. Fin24 reports that in her opening address at the 23rd annual summit of the National Economic Development and Labour Council (Nedlac), Labour Minister Mildred Oliphant said she had been ‘advised’ that an SAHRC investigation into the constitutionality of affirmative action and employment equity policies had concluded that both the policy and the Employment Equity Act ‘were unconstitutional, and not in sync with international conventions.’ According to the report, she told Nedlac that the report made various recommendations on what needed to be done, including amending the Act. It also gave government six months to report back on steps taken in response to the recommendations. Oliphant said Nedlac partners needed to study the report and respond to the SAHRC’s recommendations.

Full Fin24 report

Pam Saxby for Legalbrief Policy Watch says referring to the finding as a ‘matter … of cardinal importance’, the Minister told summit delegates that the SAHRC has made ‘various recommendations’ – including amendments to the Act. Noting that ‘all … labour laws’ are required to ‘pass constitutional scrutiny before they can be signed into law’, Oliphant said that ‘conclusions to the contrary’ by the commission ‘demand special attention’, especially from Nedlac’s social partners.

Full Legalbrief Policy Watch report