The Democratic Alliance’s (DA’s) case challenging Section 15A of the Employment Equity Amendment Act will be heard in the North Gauteng High Court on May 6.

The party has launched a constitutional challenge to what it argues is the introduction rigid national race quotas in the workplace.

The DA said it will be taking Minister of Employment and Labour Nomakhosazana Meth to court, over Section 15A's alleged violation of Section 9 of the Constitution, representing a “radical and harmful” departure from previous employment equity law.

DA spokesperson on Employment and Labour Michael Bagraim said these quotas will “destroy jobs, undermine the economy, and violate the constitutional rights of all South Africans”.

“The DA believes that real redress does not mean implementing policies that bring more division. We believe that true transformation can only be achieved by focusing on inclusive economic growth that creates opportunity for all.

“A law that forces employers to fire or refuse to hire people based on race, whether they are black, coloured, Indian, or white, is not redress. It is unconstitutional discrimination,” explained Bagraim.

He said the Minister’s powers under Section 15A were “vague, unchecked, and dangerously broad,” stating that the “targets” were not guidelines but rather binding quotas, enforceable under threat of penalties of up to 10% of a company’s turnover.

“The law empowers the Minister to impose these quotas with no clear criteria, violating the Dawood principle, which says public officials must be guided by intelligible and clear legal standards,” he added.

Bagraim said its court case was not out of a theoretical concern, claiming that the final quotas published last week made it almost impossible for some, particularly coloured workers in the Western Cape and Indian workers in KwaZulu-Natal, to find or keep jobs.

This, he said was not transformation, but “racial exclusion under a new name".

“The government itself tacitly admits how damaging these quotas are. Why else would it exempt small businesses with fewer than 50 employees? Why else would it settle the Solidarity case with a promise not to use the law in a way that leads to job losses?” he questioned.

He believes the party’s court action will expose the “real issue”.

“…the problem is not the quotas themselves but the law that enables them. That is why we are challenging Section 15A directly, not just quotas that flow from it.

“The DA’s position is clear: every law must be judged on whether it grows the economy and creates jobs. These quotas fail that test spectacularly,” he said.