AfriForum‚ Solidarity turn to Labour Court to fight Mbalula’s bidding bans

Civil rights group AfriForum and trade union Solidarity are taking legal action to tackle the issue of quotas in sport. 

Sports Minister Fikile Mbalula barred South Africa’s national cricket and rugby federations in April from hosting or bidding for international tournaments for at least a year due to their failure to increase representation of black players.

Athletics South Africa and Netball South Africa were also banned.

Solidarity chief executive Dirk Hermann said Mbalula’s move amounted to unfair labour practice. He said that the Employment Equity Act and the National Sport and Recreation Act made no provision for government interference in the selection of players for teams.

“This is exactly what the minister is now doing‚ and as civil society we simply cannot allow this to happen‚” Hermann said.

AfriForum and Solidarity said that they would turn to the Labour Court to set aside the Strategic Transformation Plan of the South African Rugby Union (Saru) as well as the Transformation Charter for South African Sport containing government’s transformation targets for sport.

AfriForum CEO Kallie Kriel said in a statement that the regulations of almost all international sporting bodies expressly prohibit any form of racial discrimination and government interference in sport.

“This ban on racial discrimination and government interference is stated unambiguously in the Olympic Charter of the International Olympic Committee (IOC)‚ which is applicable to most forms of sport.

It was also contained in the regulations of‚ among others‚ the International Rugby Board‚ the International Cricket Council and the International Netball Federation‚ said Kriel.

The two organisations said that they would also lodge complaints against quotas in sport with the United Nations‚ various sporting bodies and the International Labour Organisation.

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