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Constitutionality of race quotas for liquidators to be tested – Solidarity


DOJ has now appealed to ConCourt in effort to overturn SCA ruling

The constitutionality of affirmative action and BEE to be tested – Solidarity

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Trade union Solidarity and the South African Restructuring and Insolvency Practitioners Association (SARIPA’s) court case on the abolition of the Department of Justice’s appointment policy insofar as liquidators are concerned will be heard by the Constitutional Court in Johannesburg on 2 November.

This follows after the Western Cape High Court, as well as the Supreme Court of Appeal earlier this year ruled in favour of Solidarity and SARIPA. According to Anton van der Bijl, head of Solidarity’s Centre for Fair Labour Practices, this appointment policy amounts to inadmissible and unconstitutional quotas that are prohibited by the Employment Equity Act.

Van der Bijl contends that the constitutionality and strict implementation of affirmative action and black economic empowerment would be tested in this crucial case. “With this case we are drawing a line in the sand, saying enough is enough! This racially obsessed approach, in contrast to a more comprehensive and nuanced approach based on merit and training, is not good for the country and its citizens,” Van der Bijl said.


LINK - http://www.politicsweb.co.za/politics/constitutionality-of-bee-to-be-tested--solidarity

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