A “ground-breaking” settlement reached yesterday between Employment & Labour Minister Thulas Nxesi and trade union Solidarity states that “affirmative action shall be applied in a nuanced way… and the economically active population (EAP) statistics will only be one of the many factors that will be taken into account in the compliance analysis of affirmative action in any workplace”.
The Centre for Constitutional Rights (CFCR) welcomes today’s decision handed down by the Constitutional Court in the matter involving the Department of Correctional Services (the Department) and the trade union, Solidarity, as well as employees of the Department. In a nation where concepts of equality remain deeply contested, the decision lends greater assistance in clarifying what may be claimed under the notion of equality. Importantly, the decision affirms fairness as a procedural value in the implementation of any workplace employment equity policies. Ultimately, the decision means that considerations of justice and equity dictate that national government departments cannot solely rely on national demographics in order to determine the level of representation of different designated groups.
The Centre for Constitutional Rights (CFCR) is a unit of the FW de Klerk Foundation – a non-profit organisation dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the Centre seeks to promote the values, rights and principles provided for in the Constitution, to monitor developments including policy and draft legislation that might affect the Constitution and the values, rights or principles provided therein, to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
1. The Centre for Constitutional Rights (CFCR) is a unit of the FW de Klerk Foundation – a non-profit organisation dedicated to upholding the Constitution of the Republic of South Africa , 1996 (the Constitution). To this end, the Centre seeks to promote the values, rights and principles provided for in the Constitution, to monitor developments including policy and draft legislation that might affect the Constitution and the values, rights or principles provided therein, to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
FW de Klerk Foundation
129 Hatfield Street, Gardens, Cape Town, South Africa
+27 (0) 21 930 36 22
info@fwdeklerk.org
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PBO number – 930004278
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FW de Klerk Foundation
129 Hatfield Street, Gardens, Cape Town, South Africa
+27 (0) 21 930 36 22
info@fwdeklerk.org
NPO number – 031-061
PBO number – 930004278
Legal Documents
Privacy Policy
