Mbalula's race quotas for sports teams unlawful

Trade union Solidarity today said in a letter to Sports Minister Fikile Mbalula that his intention for national sports teams to field a quota of 60% black players is contrary to the Employment Equity Act that prohibits quotas. This comes after the media quoted Mbalula as saying that sports teams such as the Springboks, the Proteas and Bafana Bafana will be banned from international competition should they not comply with the quota.

Johan Kruger, Solidarity spokesperson, says that players, who have contracts with unions or companies, are undoubtedly employees and that the Employment Equity Act applies to them. ‘The Employment Equity Act authorises numerical targets but specifically prohibits quotas. What Minister Mbabula proposes, and in so many words labels as quotas, is therefore an unlawful way in which to achieve racial transformation. As a trade union we have sports professionals as members, and therefore we have every right to ask these questions and to test the legality of the decision.'

The trade union also requested to be furnished with the official minutes of the meeting at which the minister and the provincial MECs for sport had discussed the matter and resolved to implement the 60% quota with immediate effect. ‘If we are not furnished with the minutes we will lodge an application for access to information in order to obtain the minutes. We are already obtaining legal advice on the possibilities of contesting the minister's decision.'

Mbalula's threats that the funding of sports teams not complying with the quotas would be withdrawn are outrageous. ‘There is no place for this kind of interference in professional sport. It is inconceivable that the Minister of Sport would go so far as to oppose sponsorships and ban international participation under the banner of racial transformation.'

The letter to Mbalula follows below:

8 April 2014

Minister Fikile Mbalula

Regent Building

Cor Vermeulen and Queen Streets

Pretoria

Fax: 012 323 7196 / 086 644 9583

Email: [email protected] / [email protected]

Honourable Minister Mbalula

QUOTA OF 60% BLACKS FOR NATIONAL TEAMS

1. We refer to the above matter and direct this letter to you on behalf of our members employed by various sports unions and companies.

2. It has been widely reported in the media that, amongst others, yourself and the provincial MEC's for Sport have made the following decision on Saturday:

2.1 That failure to field 60% black players will lead to the Proteas, the Springboks and Bafana Bafana being banned from representing South Africa at international events;

2.2 That failure to implement the new quotas would result in withdrawal of any form of funding and support to federations and sports bodies;

2.3 That the Department of Sport would withdraw the national colours of any sports association that does not conform to this prescribed quota;

2.4 That the quota of 60% Black players is to be implemented with immediate effect.

3. We respectfully request the following from you:

3.1 Your admittance or denial regarding the information set out in paragraphs 2.1 to 2.4 above; 

3.2 A copy of the minutes of the meeting in question as well as the resolutions taken at the meeting;

4. We take this opportunity to place the following on record:

4.1 The Employment Equity Act is applicable to and governs the employment relationship between unions and sports companies, and professional sportsmen and women;

4.2 The unilateral imposition of a quota on unions and sports companies is contrary to section 15 of the Employment Equity Act, which approves numerical targets, but prohibits quotas.

4.3 The decision, if indeed proven to have been reported correctly, that a quota of 60% Black players must be implemented immediately or punitive measures will be taken, falls foul of the EEA.

Solidarity requests your urgent attention in this matter and will appreciate your prompt reply.

Yours faithfully

Dirk Hermann

Executive Officer: Solidarity

Statement issued by Johan Kruger, Spokesperson: Solidarity, April 8 2014

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