This news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.
BL Premium reports that President Cyril Ramaphosa’s legal representative argued in the High Court in Pretoria on Tuesday that the fact that a policy might be abused was not enough to have it declared invalid and unconstitutional.
Advocate Adila Hassim said the ANC’s cadre deployment policy was not government policy and that it was for the governing party to decide what it should do with its own internal policies. The Democratic Alliance (DA) approached the court for an order to declare the cadre deployment policy unconstitutional. The policy, which has been blamed for a slew of service delivery challenges, corruption, malfeasance and fraud, has been employed by the ANC to help fast-track transformation and assist with implementing its policies in the public service. During the second day of argument on Tuesday, Hassim said the DA had not made a case that the policy infringed on the right to equality. He said that a policy might be abused was “not cause for a declaration of invalidity. When a law is abused, it doesn’t follow that the law is unconstitutional. It’s the case of the abuse that must be addressed.” In his reply, the DA’s legal representative, advocate Anton Katz, sought to explain what the DA’s application was about, namely that the policy was unconstitutional and it undermined the notion of a multiparty government. But Katz added that the DA did not want to cause “chaos” and pointed out that the justices could make the order prospective instead of retrospective. “We are here to stop [cadre deployment] happening in future,” he said. Judgment was reserved.
- Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
- Read too, Judgement reserved in DA's legal challenge against ANC’s cadre deployment policy, at EWN
Get other news reports at the SA Labour News home page