The government is seeking to engage the SA Human Rights Commission after the Chapter Nine body reportedly found that the country’s affirmative action and employment equity policies were unconstitutional.

In her opening address at the 23rd annual summit of Nedlac in Pretoria Labour Minister Mildred Oliphant said she had been “ advised” that an SAHRC investigation into the constitutionality of affirmative action and employment equity policies had concluded that both the policy and the Employment Equity Act “were unconstitutional, and not in sync with international conventions.”

She told Nedlac - the consensus-seeking body comprising government, business, labour and civil society, that the report made various recommendations on what needed to be done, including amending the act. It also gave government six months to report back on steps taken in response to the recommendations.

Oliphant said Nedlac partners needed to study the report and respond to the SAHRC’s recommendations. “It might even be useful to seek an audience with the commission to understand the basis for its report, its findings and the recommendations.