An application that challenged the Employment Equity Act and affirmative action was dismissed by the Labour Court on Tuesday last week.

The application to the court was submitted by Solidarity after the South African Human Rights Commission’s (SAHRC) released a report entitled ‘Achieving substantive economic equality through a rights-based radical socio-economic transformation in South Africa’.

The report which partially also deals with transformation in the workplace and the implementation of the Employment Equity Act was released on 12 July 2018 with an objective to evaluate the government’s programme of socio-economic transformation, from a rights-based perspective.

The trade union had used the report to seek an order declaring that Section 42 of the Employment Equity Act is unconstitutional.

Solidarity is considering approaching the Constitutional Court to rule on the report in a quest to challenge the court judgment.