Solidarity and AfriForum in a legal battle to challenge race quotas in sports

Civil right organisation, AfriForum and trade union, Solidarity are launching a comprehensive local and international legal challenge to the quota system in South African sport.

Last month, Minister of Sports, Fikile Mbalula, announced that Athletics SA, SA Rugby, Cricket South Africa and Netball SA would be prohibited from hosting international events due to their failure to meet transformation targets.

Xolani Gwala asked Barry Bateman about the Employment Equity Act that will be used by AfriForum and Solidarity to challenge the implementation of race quotas.

It states quite particularly under Section 2B that it's not unfair discrimination to distinguish, exclude or prefer any person on the basis of an inherent requirement of the job.

Barry Bateman, EWN reporter

They argue that in the case of sports, one of the inherent requirements is to be the very best at what you're doing, and that comes down to merit.

Bateman, EWN reporter

They are saying that teams should be selected on the basis of merit rather than skin colour.

They are also relying on Section 15 of this very particular Act, which appears to prohibit the imposition of quotas. It makes provisions for setting targets in terms of the number of people you need to have in the organisation. It specifically excludes quotas in the mechanism that can be employed to get figures correct in the particular organisation.

Bateman, EWN reporter

Listen to the audio below for more information

Earlier, Stephen Grootes Kallie Kriel, CEO of AfriForum, who explains why AfriForum and Solidarity are launching a legal challenge.

Listen to the interview with Kallie Kriel below:

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