Solidarity said it will approach the courts to find President Cyril Ramaphosa guilty of contempt of court, and it will also challenge the rationality and legality of the regulations of the “racial” Employment Equity Act in court.

Solidarity accused government of breaching a settlement agreement over the legislation.

Solidarity said it will also file a complaint with the UN’s International Labour Organization (ILO) against government for allegedly breaching an agreement facilitated by the ILO.

Solidarity CE Dr Dirk Hermann said as a first step, Solidarity wrote to Ramaphosa on Wednesday, urging him to implement the agreement to avoid legal action.

The agreement, which was concluded in June 2023, followed after Solidarity filed a complaint with the ILO.

The agreement was also made an order of the court, which highlighted that the agreement must be published together with the regulations of the Employment Equity Act, which had already been developed in 2023.

The final regulations were published on April 15, but only a small number of the provisions of the agreement were published, Hermann explained.

“Government unilaterally removed provisions, such as that race laws must be temporary, that no one may be fired based on race laws, and that employers are obligated to take into account the inherent requirements of a job and the pool of available skills,” he highlighted.

Hermann said the agreement was published in its entirety in the draft regulations.

“However, when the final regulations were published, large parts of the agreement were omitted, despite the court order. Therefore, the government deliberately decided to omit sections. We are deeply disappointed that the government does not adhere to agreements that have been reached. President Ramaphosa regularly says that South African problems must be solved in South Africa, but this is impossible if the government is not a reliable partner,” Hermann said.

He said the breach of this agreement came after the government also breached an agreement with Solidarity, at the National Economic Development and Labour Council, regarding the Bela Act.

"It is worrying that the sections that were omitted, among other things, stipulate that no one may be fired based on race laws, that race laws must be temporary, and that skills and the inherent requirements of the job must be taken into account. The government clearly wants to intensify the racial dispensation in South Africa,” accused Hermann.

The agreement was signed at a public event by the chairperson of the Solidarity Movement Flip Buys, and Minister of Employment and Labour Thulas Nxesi.

Hermann said Nxesi would be added as a second respondent in Solidarity's case.