At the centre of the dispute is Section 15A of the amended legislation, which the DA argues discriminates against coloured, Indian, and white South Africans. The party also claims that Parliament mishandled the legislative process by tagging the Bill incorrectly, an error it says renders the law invalid.

But Thembinkosi Mkalipi, Deputy Director-General in the SA Department of Employment and Labour, has pushed back strongly. He accuses the DA of selectively interpreting the law to serve its political agenda.

“For the past two years, we’ve held extensive consultations with stakeholders across multiple sectors,” Mkalipi said. “The employment targets being debated now were not introduced overnight. Earlier drafts were shared for public comment, feedback was incorporated, and the final version reflects that process.”

The revised Act gives the Minister of Employment and Labour the power to set sector-specific equity targets, with the aim of accelerating workplace transformation in SA. Mkalipi stressed that the targets span a five-year period, and that it is up to individual employers to develop annual plans to meet them.

“It’s not the department that will assess whether employers are compliant. That’s a matter for legal experts and the courts,” he said.

The case has stirred public debate in South Africa, with some business groups warning that the new rules could lead to job losses or deter investment. The government, however, maintains that the law is crucial to redressing historical imbalances and promoting equity in the labour market.

The High Court’s decision is expected in the coming weeks.

--ChannelAfrica--