NEASA and Sakeliga file urgent court bid to halt employment equity quotas
The National Employers Association of South Africa (NEASA) and Sakeliga have filed an urgent application in the Gauteng High Court
Image: GCIS
The National Employers Association of South Africa (NEASA) and Sakeliga have filed an urgent application in the Gauteng High Court seeking to interdict the implementation of the Employment Equity sectoral quotas.
IOL previously reported that the government plans to introduce new employment equity targets under the amended Employment Equity Act (EEAA). These targets apply to 18 key sectors and require certain employers, particularly in senior roles, to align their workforce with the country’s racial and gender demographics.
In a joint statement issued to the media late on Thursday, the two groups argued that the quotas were introduced without proper consultation and failed to comply with legal and constitutional requirements.
"The Minister did not act in accordance with the Promotion of Administrative Justice Act (PAJA), as she failed to adhere to the prescriptions of Section 15A of the EEA prior to the setting and publishing of the 2025 sectoral numerical quotas. This renders her actions unlawful and invalid".
Earlier this year IOL also reported Minister of Employment and Labour, Nkosazana Meth, defended the sectoral quotas and criticised opposition to the reforms.
She also accused the Democratic Alliance (DA), which has also launched a court challenge against the quotas, of seeking to maintain the status quo.
"The DA's challenge seeks to disrupt efforts aimed at achieving equitable representation and maintaining the inherently unfair status quo. By opposing these amendments, the DA is actively sabotaging the transformation goals that have been pursued since the end of the apartheid era".
NEASA and Sakeliga further argued that the quotas were “irrational and arbitrary,” failing to consider the diverse circumstances across sectors, including differences in skills availability and regional demographics.
The two groups also pointed out that the final quotas “differ drastically” from earlier drafts published in 2023 and 2024 but were never republished for renewed public comment as required by law.
"The quotas disregard South Africa’s constitutional stipulations on non-racialism, equality before the law, and administrative justice".
IOL News
mthobisi.nozulela@iol.co.za