Andile Lungisa condemns DA's legal challenge to Employment Equity Act amendments

In a candid conversation reflecting deep concern over recent legal actions by the Democratic Alliance (DA) against amendments to the Employment Equity Act, ANC NEC member and former Youth League leader Andile Lungisa has condemned what he describes as an attack on South Africa’s ongoing process of transformation.

Speaking to IOL on Wednesday, Lungisa emphasised the importance of constitutional values of equality and transformation, condemning the DA’s legal challenge as “mischievous and provocative,” and a setback to the country’s long-standing efforts to redress past inequalities.

Lungisa’s Perspective on Transformation and Legislation

“Transformation is inherently uncomfortable for those who benefited from previous systems of inequality,” Lungisa stated.

“It requires a radical departure from the status quo, so it often faces resistance. But that doesn’t mean we should turn back the clock or undermine our constitutional commitments.”

He went further to highlight that the amendments in question aim to accelerate progress toward equality for historically marginalised groups, specifically targeting race, gender, and disability. 

“When delays or resistance hinder transformation, shouldn't we, as a caring government, consider legislative measures to fast-track this process?” he asked.

Constitutional Imperative for Equality

Lungisa reiterated that Section 1 of the South African Constitution explicitly lists the achievement of equality as a foundational value of the new democracy. 

“It is a constitutional imperative to pursue policies that promote transformation and equalisation actively,” he emphasised. 

“Any legal action that seeks to undermine these efforts is, in effect, an attack on all of us - the people of South Africa." 

He argued that the DA’s court challenge is not merely a legal dispute but a challenge to the country’s constitutional soul. 

“Our values are the organs of our democracy. When they are threatened, it’s a collective concern,” he said.

Call for Leadership and Patriotism

Lungisa called on ANC leaders to denounce the DA’s legal move and to consider removing the opposition from the Government of National Unity (GNU), asserting that “patriots must stand together to defend our hard-won progress.” 

He also expressed support for the Department of Trade & Industry’s decision to join as friends of the court in defending the amendments.

“South Africa’s history is filled with moments where reactionary forces attempted to roll back the clock,” he reflected. “Our task now is to remain vigilant, to stand firm, and to continue the fight for a truly inclusive and equitable society.”

A Reflection on Past Struggles

Lungisa drew attention to the ongoing struggles against racial and social injustices, recalling instances from the apartheid era where dignity was repeatedly assaulted.

"We remember how land was stolen, how human dignity was disrespected, and how Black professionals faced systemic discrimination - from being relegated to menial tasks to being humiliated in courtrooms."

thabo.makwakwa@inl.co.za

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