HIGH COURT JUDGMENT - EMPLOYMENT EQUITY SECTORAL TARGETS - PART A

A High Court Judgement has been recently released on whether the numerical targets set by the Minister are lawful or not.

The conclusion of this High Court Judgement stated the following:

“In summary, this Court concludes that an interdictory relief is not appropriate in the circumstances of the present case. A suspension of the exercise of statutory powers is inappropriate and the provisions of section 172(1)(b) of the Constitution finds no application. This Court is not in a position to examine whether the numerical targets set by the Minister (exercise of statutory power) are lawful or not. A Court of review is better placed to conduct such an examination, when considering the rationality or otherwise of the exercise of the statutory powers. This Court disagrees with a contention that the numerical targets set by the Minister are arbitrary and discriminatory of women. Regarding costs, the appropriate order is that of each party paying its own costs.”

Members are encouraged to take note of this significant High Court Judgement. 

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