Solidarity2News24 reports that the Constitutional Court was on Thursday expected to hear a case brought by trade union Solidarity and the SA Restructuring and Insolvency Practitioners' Association (Saripa) challenging the constitutionality of BEE and affirmative action.  

The court case relates to the Department of Justice's appointment policy insofar as liquidators are concerned.  Head of Solidarity's Centre for Fair Labour Practices, Anton van der Bijl, indicated that the hearing came after the Western Cape High Court and the Supreme Court of Appeal earlier this year ruled in favour of Solidarity and Saripa to have the appointment policy abolished.  He said the policy amounted to "inadmissible and unconstitutional quotas that are prohibited by the Employment Equity Act".  He also contended that the constitutionality and strict implementation of affirmative action and BEE would be tested during the crucial case.


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