For almost two decades (20 years) the African National Congress (ANC) forced down on the citizens in South Africa, its equity plan for employment, of which the foundation was national statistics of population groups. And in the process, hundreds if not thousands of citizens were deprived of the opportunity to gain lawful employment within the spheres of Government.
And then Judge Hilary Rablan-Naiker, in the Western Cape High Court, came along, exposed the laws in the policy, in which the national statistics of population groups were forced down on provinces where it regionally doesn’t apply.
Citizens, if not black, were overlooked and disqualified for employment, promotions and unfairly and unconstitutionally discriminating against them in that the applications were “premised (an underlying assumption, statement made, based on another inferred [deduced from evidence and reasoning rather that from explicit statistics]) on the understanding that regional demographics applicable of the relevant population groups, was ignored and not taken into account in setting employment targets.
This can have a dramatic effect not only on employment within the government but also on the private sector, and this all due to Nine (9) Department of Correctional Services employees that had to seek clarity and ruling by a competitive court in their favour against the policy of their employer – the Department of Correctional Services.
This legal principle being a victory for the entire country. Twenty years later and now a TKO (technical knockout) to the Government for its flawed, unconstitutional policy of employment equity!