Central SA
DA’s legal challenge raises questions on GNU cohesion – NWU analyst─── KEKELETSO MOSEBETSI 13:09 Mon, 12 May 2025

The DA’s latest legal challenge against the Employment Equity Amendment Act has stirred political tension and public debate, once again placing the stability of the government of national unity (GNU) under scrutiny.
The key partner in the GNU, alongside the ANC, has questioned the constitutionality of the law, arguing it is discriminatory and could deter foreign investment and worsen unemployment.
The two parties recently also crossed swords on the passing of the national budget.
North-West University political analyst Prof. Kedibone Phago raised concerns over the DA’s decision to pursue the matter through the courts rather than resolving it through cabinet discussions.
“I’m not sure this is the way the DA would want to engage the ANC because DA is now part of the cabinet, so it would mean that if they fail to take decisions at a cabinet level, then they would need to go to courts and that would always bring a lot of tension,” Phago cautioned.
The Employment Equity Amendment Act seeks to enhance transformation in the labour sector by compelling businesses to meet specific racial hiring targets.
While the ANC has defended the law as a necessary tool to address historic imbalances and create equal opportunities, the DA maintains it poses a threat to economic growth and job creation. Phago acknowledged the complexity of the issue, highlighting the ANC’s governance record over the past three decades as a contributing factor to current frustrations.
“For the past years when the ANC was in power, things went south as the party made sure that people hired in critical government positions were its own cadres who were prioritised over merits and competency,” he said.
He noted that this practice has created deep dissatisfaction among many South Africans, both black and white.
‘Caught between a rock and a hard place’
“It’s not only the DA or the white population, but a lot of black people are frustrated and caught between a rock and a hard place as they believe that correcting the past policies, including that of Employment Equity, are needed,” he said.
However, Phago emphasised that the core of the frustration lies in the government’s failure to fully implement equity legislation effectively.
“What is hard for them is that the government that has been in power for the past 30 years failed to bring about Equity laws to realisation,” he added.