ANC slams DA for challenging Employment Equity Amendment Act
The DA is challenging the piece of legislation at the Gauteng High Court in Pretoria, where it argues that it discriminates unfairly and unconstitutionally.
Ahead of the court case, the DA said that while Section 9.2 of the Constitution allows fair discrimination to achieve redress, such 'discrimination' has to meet the benchmark of fairness set out in Section 9, and the EEAA falls far short of this benchmark.
The party said it is grossly unfair and gives totalitarian powers of social engineering to the Minister of Labour, who will be able to set rigid national targets for every economic sector, without any regard to the context of specific firms, and impose extremely heavy fines and the risk of criminal conviction for failure to meet them.
'This can no longer be classified as a target. It amounts to an enabling law for the Minister to set rigid quotas, which have previously been found by our courts to be unconstitutional. If this law is enacted, for example, people belonging to a specific group concentrated in a geographical area could face exclusion from employment based on national quotas set by the Minister,' the party's federal chairperson, Helen Zille, said.
Zille said the Blue Party is committed to redress for the millions of South Africans who remain economically excluded due to the legacy of the country's painful past.
'We believe the most effective form of redress is a job. The ANC's Employment Equity regime continues the bitter legacy of the past because it is one of the key factors driving our country's skyrocketing unemployment rate.'
In response to the court challenge, the ANC said the DA's decision seeks to undermine the Employment Equity Amendment Act and is not only an affront to the National Constitution, but a direct assault on the very foundation of South Africa's transformation journey.
The former ruling party said the DA's campaign to label the piece of legislation as 'anti-merit' is a wilful distortion of reality.
'It ignores the brutal legacy of apartheid, which for centuries denied Black South Africans the right to land, quality education, employment, and dignity. In such a context, talking about 'merit' without transformation is an insult to the millions who remain excluded,' the ANC said.
'The Employment Equity Act is not about quotas. It is about injustice. It is about correcting structural imbalances in the economy and ensuring that all South Africans have a fair shot at opportunity. Section 15A does not eliminate merit, it creates the conditions in which merit can be meaningfully pursued by addressing the glaring underrepresentation of Africans, Coloured, and Indian South Africans in key sectors of the economy. This is a constitutional imperative, not a political favour,' the party added.
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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The court's intervention may become a turning point, as public discourse grows around the injustice of women leaving long marriages with nothing, despite having raised children, run households and sacrificed careers. To understand the impact, it helps to look beyond Pakistan's borders. Countries such as Turkey, Malaysia and Morocco — Muslim-majority states like Pakistan—have adopted laws that balance Islamic principles with modern family realities. In Turkey, marital assets are presumed to be jointly owned unless otherwise agreed. Malaysia takes both financial and non-financial contributions into account when dividing property. Morocco's Family Code permits couples to decide beforehand how to share property, with the law recognising joint management during the marriage. These countries demonstrate that religious values and women's rights need not be in conflict. Legal frameworks can uphold the dignity and equality of both spouses, particularly when marriages dissolve. Currently, Pakistan's system mirrors what legal scholars call a pure separate property regime. Under this model, property belongs only to the person who earned or acquired it. There is no assumption that marriage creates an economic partnership, and courts generally require strict proof of ownership. 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Many end up dependent on their families or feel pressured into remarriage for economic survival. This perpetuates gendered cycles of poverty and limits women's agency. Pakistan has ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which requires states to ensure equality in marriage and family relations, including property rights. CEDAW's guidance calls for equal access to marital assets. Other Muslim-majority countries have made strides toward compliance. Tunisia and Iran, for instance, have introduced property-sharing rules that acknowledge both partners' roles in a marriage. Pakistan, however, remains out of step. Legal reform is not only a technical matter. It is about recognising that women are equal partners in family life, deserving of financial security when that partnership ends. Amending the Muslim Family Laws Ordinance to define and protect matrimonial property would help courts provide more consistent, fair outcomes. It would also signal that Pakistan is serious about its commitments to gender equality, both to its citizens and the global community. For South Africans, watching this debate unfold is a chance to reflect on how far we have come and how far others still need to go. In a world where women's rights are constantly under pressure, the battle for fairness within the family is as important as any public policy reform. Pakistan stands at a fork in the road. One path leads to continued injustice and economic hardship for women. The other leads to fairness, dignity and the recognition of women's work — paid or unpaid—as valuable and deserving of protection. The choice, now, is in the hands of lawmakers.
