South African party launches legal challenge against new diversity and equity labor law

South Africa's second biggest political party launched a legal challenge Tuesday against a new labor law aimed at boosting the hiring of Black people and other groups in some industries, arguing it is unconstitutional, discriminatory and could dampen foreign investment.
The challenge by the Democratic Alliance, or DA, takes aim at amendments to the Employment Equity Amendment Act that went into effect in January. Intended to force companies to diversify their staff, the new laws have divided the country's unity government, which includes the DA.
The measures have drawn fire from the U.S. government under President Donald Trump, who has cited 'racist laws' as part of his reasons to cut financial aid to South Africa and offer to support the relocation of some of its white minority Afrikaner community to the U.S.
The recent amendments give the labor minister the power to set numerical targets for the hiring of Black people, women and people with disabilities in sectors identified by the government as not reaching certain targets. Companies face fines for not reaching the targets.
Helen Zille, the federal chairperson of the Democratic Alliance, has described the new law as 'totalitarian' and says it discriminates against other groups of South Africans while potentially discouraging foreign investment.
'Jobs are created by companies that invest in South Africa. The draconian labor regime created by the Employment Equity Amendment Act will continue to drive away investment and predictably increase unemployment,' Zille said.
She said the new law is aimed at using racial quotas to address the injustices of the past under the apartheid system of white minority rule, and that it would contribute to the country's unemployment rate, which now stands at over 32%. She said such discrimination in the past has failed to lift up marginalized groups.
'It is completely senseless to knowingly intensify a discriminatory regime that has already failed so spectacularly to empower economically marginalized people,' Zille said.
Though South Africa's constitution allows some discrimination to make amends for the oppression Black people experienced during apartheid's enforced racial segregation, it must meet a fairness threshold that the DA argues is not met under the new measures, which it describes as 'draconian.'
Official government statistics show that racial and gender disparities in the country's economy remain widespread more than 30 years after the end of apartheid.
The African National Congress party, which is the biggest party in the unity government after losing its parliamentary majority in the 2024 national elections, criticized the Democratic Alliance for its court challenge.
'The Employment Equity Act is not about quotas. It is about justice," ANC spokesperson Mahlengi Bhengu-Motsiri said. 'It is about correcting structural imbalances in the economy and ensuring that all South Africans have a fair shot at opportunity.'
South African President Cyril Ramaphosa, the leader of the ANC, defended the employment law in his weekly message to the nation on Monday, writing it was 'part of our effort to overcome the structural inequality of apartheid.'
The clash over the law is the latest public spat between the two biggest parties in the unity government who remain ideologically opposed on many issues.
The parties also are divided on education and land reform policies aimed at addressing inequalities created under apartheid.
Two weeks ago, the government withdrew plans to increase a value-added tax paid on consumer goods after the DA and most opposition parties opposed it and refused to vote for the budget which contained the tax increase.
___

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

BBC News

2 hours ago

• BBC News

Lives Less Ordinary Meeting the monster: My 14 days with Joseph Kony

In Judith Obina Okumu's imagination, Joseph Kony was a monster. As leader of the Lord's Resistance Army he'd fought a decades-long war against the government of Yoweri Museveni – displacing and destroying hundreds of thousands of lives across Northern Uganda in the process. But one day, a visit from a stranger would challenge Judith to face her fears. In her role as assistant private secretary to President Museveni, Judith was introduced to Joseph Kony's mother, Nora Anek. After three years of gaining her trust, Judith asked Nora if she would go to meet her son at his forest hideout and persuade him to engage with peace talks. What Judith didn't know was that the President wanted her to go too. She was convinced it was the last journey she'd ever make. But after 14 days of talks, Judith and Nora helped broker peace in Northern Uganda. Lives Less Ordinary is a weekly podcast from the BBC World Service that seeks out the most incredible true stories from around the world. Step into someone else's life and expect the unexpected. Each episode, a guest shares their most intimate and defining personal story. Listen for real-life accounts, unbelievable twists, and inspiring journeys, which prove just how extraordinary the human experience can be. Lives Less Ordinary is brought to you by the team behind Outlook, the home of human storytelling on the BBC World Service for nearly 60 years. Got a story to tell? Send an email to liveslessordinary@ or message us via WhatsApp: 0044 330 678 2784 Presenter: Jo Fidgen Producer: Anna Lacey

BBC News

3 hours ago

• BBC News

South Africa's gang warfare: The victims caught in the crossfire in Cape Town

The distraught father lies on the narrow, single bed and points to two small bullet holes in the wall of his is stark evidence of a moment that shattered his family's life Africa's four-year-old son Davin was shot dead in February, caught in the crossfire of a shoot-out between criminals. He was a victim of the gang warfare that has plagued the Cape Flats, the townships around Cape Town - a legacy of apartheid, when the non-white population was forcibly moved from the centre of the wealthy city to the under-resourced outskirts."This is the bullet hole here," he says. "This is where he slept."The family had already endured unspeakable older sister, Kelly Amber, was killed two years earlier, also shot as rivals fired at each other. She was Devon and his wife, Undean, have only their youngest daughter left."She asks me: 'Where's my brother?'" says Undean. "So I told her he's with Jesus in daddy's heart and in my heart." These murders took place in an area known as Wesbank, but many other families across the wider Cape Flats area have had to endure similar nightmares, despite assurances by the police of increased numbers tell a horrifying story. The Western Cape province - in which the Cape Flats sit - consistently sees the overwhelming majority of gang-related murders in South Africa, according to the this is a policing priority for the government. President Cyril Ramaphosa set up a special unit to combat gang violence in 2018, he also briefly deployed the army to the area the following year, but the problem has persisted, and the killings have continued."There's a whole history and generations of people who have been born into these gangs," says Gareth Newham, head of the Justice and Violence Prevention programme at the Institute for Security Studies in Johannesburg."[They] flourish in areas that have largely been neglected or underdeveloped by the state. The gangs provide a form of social structure that actually provides services to the communities that the state doesn't. They provide food for homes. Money for electricity. Money for transport or funerals. These gangs even pay school fees."They are embedded in the community and "that's why it's so difficult for the police to tackle them… it means that they can use non-gang members' houses to store drugs and store weapons". But there are people trying to tackle the kilometres (nine miles) away from Wesbank is Hanover Park where Pastor Craven Engel is glued to his mobile phone almost all day, every day in his quest for mission is to mediate in gang conflicts to stop this violence and the killings, fuelled by the lucrative trade in drugs. He and his team try to follow a basic formula: detection, interruption and changing mindsets."Hanover Park doesn't really have an economy to speak of," says Pastor Engel. "The bulk of the economy comes out of the drug culture. That's the biggest economy."Pastor Engel says that apartheid's impact on the area can't be overlooked but neither can generational trauma - manifested as drug addiction and then family breakdown."The substance [drug] creates unemployment, the substance creates robbery, it creates gang fights because of turfs. So, the substance sits in the middle of so many of the atrocities within the community," says Pastor Engel, who estimates that around 70% of local children are living with some kind of community of around 50,000 people has to endure shootings and stabbings almost daily. And it's often young people who are doing the killing and being killed. "The policing approach alone is unlikely to solve the problem because you might arrest people for being gang members, for having guns and for shootings and murders. They will go to prison, but then they get replaced by younger members. And that creates a whole different set of problems. They're more likely to get into fights over territory and turf," says Mr Newham."How does a kid get shot seven times in his head or three times in his back? How does a stray bullet hit a kid?" asks Pastor Town safety fears force parents to seek former white-only schoolsOn his phone, he calls up community leaders and gang kingpins, constantly cajoling to try and head off the violence. When BBC Africa Eye visits him he is trying to broker a ceasefire between two warring gangs - and manages to reach the jailed leader of one of them."If I want something to happen then it still happens. Do you understand pastor?" the gang boss shouts down the line. "But I can tell you one thing. I'm a guy that likes to counter if I come under fire."Threats. Even from behind Pastor Engel is relentless. He is highly visible in his community, whether in the home of a parishioner or before his large and loud congregation in the pulpit on a Sunday."I think that what makes it very, very terrible now is there are more children involved in the gangs, because gangs are recruiting between the ages of eight and 15 years old," he programme he runs used to get government money, but that has dried up. To cut off the supply lines and protect the innocent, he will meet victims and perpetrators anywhere and at any also sends rehabilitated gang members to negotiate directly with warring factions. Those who lived a life on the edge of death know how critical it is to push for peace Hans is one such person. He is meeting rival gangs to convince them to honour a ceasefire. "I was also in this game. As long as you make a decision that you want to be a better person. That's all," he tells a group of gang has a chilling response: "The more we kill, the more ground we seize and the more ground we have, the more we can build. So, for me to speak about peace - I cannot make that decision because it's not my decision to ensure peace."The ceasefire that is eventually agreed lasts just a few days, shattered by the killing of two people in a drive-by some in the thick of the conflict have had enough. Fernando - or Nando - Johnston is in a gang called the Mongrels, and he wants to try and find a way out with the help of Pastor pastor describes Mr Johnston as being young and "born into the gang" since his whole family was involved."In this game there are only two options - it is either you go to jail or you die, " says Mr Johnston."I really do want to change direction and I believe there is always a way. That is the reason I approached the pastor - to ask him if there is a plan or way to take me."He will join a six- to 12-week programme of rehabilitation run by the pastor and funded by charitable donations designed to get people off drugs and into work."The thing is you can now start building yourself up again," Pastor Engel tells him. "You'll be able to get yourself a job and make money for yourself. Then you won't have to hustle and scavenge around here any more.""I'm ready to go, pastor," says Mr Johnston, poised to leave his battered and scarred community in search of a new closest to him have gathered to wish him well. His mother, Angeline April, holds back the tears, desperate that, this time, her son will choose life. "Please just make the best of this opportunity, Nando," she says."Yes mummy, I always make the best of a situation."But that has never been easy."Fernando's dad was a gangster but my other children's father was a gentleman," says Mr Johnston's mother."But because he was a gangster, the children also got involved in gangsterism despite me constantly warning them. It wasn't easy raising four boys on my own, you know. I'm always encouraging him to make a change, because I love him very much."And so far so good for Mr Johnston. Two weeks on from starting the programme, he is still there."Nando is stabilising. He's in a works programme. He's busy seeing his family, seeing his kids. He did a house visit yesterday. We let him loose and he came back and tested clear with no drugs in his system," says Pastor Engel. Hope is a rare commodity here, but it does sometimes spring through the cracks in the streets that have seen so much all streets, though. Very little hope is found at Devon Africa and Undean Koopman's house, which sits in the middle of a cycle of killings and retaliation that hit the areas being fought over on the very edges of this beautiful South African city is overwhelming for many of those just struggling to those caught in the middle often have to make impossible choices."Community members, even if they are opposed to the gangs, are not necessarily pro-police for two reasons," says Mr Newham."One is that they just don't know the police will actually come if called. And if they do call the police, they have no idea if the police officers are corrupt. People don't understand the scale of the challenge in South Africa."Sentiments reflected by the peacemakers on the frontlines in this war. "Nobody is going to come from anywhere to help or save us. Not from overseas. Not from our local government. No-one is going to come with a magic wand to cure the Cape Flats," says Pastor Engel."As individuals we need to be so determined to build up resilience, create hope for our people and to grow. Because politics has clearly failed us." More from BBC Africa Eye: 'Nowhere is safe' - Cameroonians trapped between separatists and soldiersBBC identifies security forces who shot Kenya anti-tax protestersSudan's years of war - BBC smuggles in phones to reveal hunger and fearSecret filming reveals brazen tactics of UK immigration scammers'Terrible things happened' - inside TB Joshua's church of horrors Go to for more news from the African us on Twitter @BBCAfrica, on Facebook at BBC Africa or on Instagram at bbcafrica

Daily Mail​

6 hours ago

• Daily Mail​

Corporation tax woe: Britain loses competitive advantage over European countries

Britain has lost its competitive advantage over European countries due to high levels of corporate tax, an auditing giant said. Lubbock Fine said HM Revenue and Customs figures show businesses paid £91.5billion of corporation tax in the 12 months to May. This is up 5 per cent on the previous year and more than double the £43billion coughed up a decade ago. The group said the ever-growing bill 'threatens the UK's ability to attract foreign investment as companies look towards countries with more favourable tax regimes'.