A rather decent explanation of the constitutionality of racial quotas at national level.
Implementing this kind of ruling is also entirely unconstitutional. It can, should and most likely will be challenged in the ConCourt if it is implemented. BEE is not exactly the same as quotas. Players are not "interviewed" as such; the interview process happens at domestic level. This is where quotas of some sort aren’t the worst idea and could be considered in line with the Rooney Rule in America. A forced implementation of such a system at national with the threat of funding cuts and the lot is discrimination which then becomes an employment issue and can be challenged in court.
Furthermore, threats of blocking sponsorship could be considered a restraint of trade. Legally, a system like this, in a modern and democratic South Africa, holds little water. From the outside looking in, it looks like nothing more like subtle pre-election campaigning.
One of the comments on the Daily Maverick page is perhaps the funniest I've read in a long time, credited to a JvNk.
Why stop at transforming the teams only? There is a much bigger picture, namely the supporters and spectators. So by all means, force the Lions, Bulls and Boks to have 60% black players, but then transform the supporters too.
Force the turnstiles at Loftus to do pencil tests, and strictly admit 6 blacks for every 4 white spectators. Have DSTV force its clients to identify their racial group, and then force DSTV to switch off whites' rugby channels until there are 6 black viewers for every 4 whites.
I'm willing to wager that some wANCer is looking at this and thinking what a great idea. From now on................
- ALL television adverts will take EAP targets into account when seeking actors.
- Places of worship will not have a quorum unless the congregation matches the national EAP.
- Your Facebook account will be cancelled unless you have suitable EAP representation - those that don't must send a plan to Mildew Heffalump explaining when their Facebook friends will meet the national targets.
- The Universe will be regarded as anti-transformation until white holes are discovered and they match the EAP
- The game of chess is not representative of the South African population and is hereby deemed to be anti-transformation. From now on 28 of the 32 pieces need to be black, 13 of those 28 need to be black female and the remaining four need to be white. As you can see the white chess men/people have an overwhelming advantage over the black ones so only 6 black pieces may be taken per game
The new Commission or Employment Equity report is out - these are the latest figures. They are correct - the actual figures on page 13 don't total 100.
| Male | Female | TOTAL | |
| African | 40.3% | 34.9% | 75.2% |
| Coloured | 5.6% | 5.0% | 10.6% |
| Indian | 1.9% | 1.2% | 3.1% |
| White | 6.2% | 4.6% | 10.8% |
| TOTAL | 54.0% | 45.7% | 99.7% |
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