A South African Labour Appeal Court has upheld Eskom’s policy of excluding white males from a specific senior management position, ruling the practice a lawful component of its employment equity plan. The judgment, delivered on November 5, overturned a previous Labour Court decision, finding that the power utility’s targeted measures are justified to rectify historical racial and gender imbalances in its leadership.
The case originated from a 2021 application by a white male candidate who was not shortlisted for a senior manager role due to Eskom’s “pipelining” initiative, which fast-tracks candidates from designated groups. The court determined that such temporary, absolute barriers are constitutionally permissible to achieve transformation goals, provided they are part of a coherent equity strategy.
Eskom welcomed the ruling as validation of its diversity efforts, while trade union Solidarity, which brought the case, condemned it as a setback for merit-based appointments. The decision reinforces the legal foundation for affirmative action in South Africa, emphasizing its role in remedying past discrimination.
The case originated from a 2021 application by a white male candidate who was not shortlisted for a senior manager role due to Eskom’s “pipelining” initiative, which fast-tracks candidates from designated groups. The court determined that such temporary, absolute barriers are constitutionally permissible to achieve transformation goals, provided they are part of a coherent equity strategy.
Eskom welcomed the ruling as validation of its diversity efforts, while trade union Solidarity, which brought the case, condemned it as a setback for merit-based appointments. The decision reinforces the legal foundation for affirmative action in South Africa, emphasizing its role in remedying past discrimination.
