Department affirms critical role of independent courts and rule of law – ILO has not yet considered merits of Solidarity’s complaint

The Department of Employment and Labour (DEL) notes the ongoing litigation in the matter of Solidarity v Minister of Employment and Labour & Others (Case No. J661/23), currently pending before the Labour Court in Johannesburg.

The Department wishes to reaffirm its unwavering respect for two foundational pillars of South Africa's constitutional democracy: the independence of the judiciary and the rule of law.

South Africa's courts are constitutionally mandated to be independent and subject only to the Constitution and the law. No person or organ of state may interfere with the functioning of the judicial system. The Department has therefore, at all times, fully complied with every order and directive issued by the Labour Court in this matter.

The Labour Court has already determined that this case involves complex interpretative issues requiring proper ventilation. The Court has directed the parties to file further affidavits and heads of argument, with judgment currently reserved. The Department accepts these directives.

As alleged, the Department did not bypass the Settlement Agreement. The final Employment Equity Regulations followed an extensive 90-day public consultation process. Any alleged deviation is a matter of legal interpretation - exactly what courts are designed to resolve.

On the new solidarity complaint to the ILO, we can confirm that a new complaint was deposited on 15 May 2026. In line with ILO processes, this matter has not as yet been considered and we await the ILO to formally advise the Government should further information be required.

For now, there is no active ILO proceeding against South Africa - only a complaint that has been received but not yet examined.

The Government will respond only after receiving an official letter, which is expected to allow for a response before the November 2026 ILO Governing Body meeting.

Solidarity has launched contempt proceedings in the Labour Court arising from the same dispute. Yet, even while asking the Labour Court to rule, Solidarity has rushed to file yet another complaint with the ILO - a complaint that has not even been considered on its merits.

The Department respectfully submits that this is premature and inefficient. Solidarity cannot simultaneously ask a domestic court to interpret an agreement while running to an international forum on the same subject matter.

Solidarity should await the outcome of the very court case it has launched. The ILO itself has not asked the Government for any response. To continue pressing the ILO while a domestic court is actively seized with the matter undermines the rule of law and disrespects South Africa's sovereign judicial system.

South Africa's judiciary is independent, robust, and globally respected. The Department has full confidence that the Labour Court will deliver a just judgment. Only once that process is concluded - and only if the ILO formally requests a response - will the Government engage internationally.

For media inquiries, please contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ [email protected]

-ENDS-

Issued by: Department of Employment and Labour

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