Solidarity has lodged a formal complaint with the International Labour Organisation (ILO) in Geneva against the South African government.
The union says the government breached a 2023 agreement relating to racial legislation that was concluded under ILO supervision and later made a court order.
According to Solidarity, the agreement stipulated that racial laws should be temporary in nature, that no one should be dismissed based on race, that race should not be the sole criterion for appointments and that skills should also be considered.
The agreement further required these provisions to be published as regulations in the Government Gazette. Solidarity says this was never done.
Deputy CEO Anton van der Bijl says the union believes affirmative action policies should be reviewed.
Van der Bijl says, “What we say is, if you look at South Africa, there can be no doubt that affirmative action has not worked – if you look simply at our unemployment rate, you’ll see that we are one of the most unemployed countries in the world. So, we say something is not working, we need to have a debate with affirmative action, and if it’s not working, what should we do otherwise? So we say that debate must happen until 2030- and thereafter, there must be no affirmative action policies based on race.”
In a statement, Solidarity Chief Executive Dirk Hermann says the government’s failure to publish the agreement amounts to contempt of court and disregard for international processes.
Hermann says the complaint forms part of a broader campaign against race-based legislation in South Africa.
The union also argues in its complaint that socio-economic circumstances, rather than race, should be considered when assistance measures are implemented.
In addition to the ILO complaint, Solidarity says it is pursuing legal action in South African courts over the alleged failure to comply with the court order.
The complaint follows mediation between Solidarity and the government under the supervision of the ILO and the Commission for Conciliation, Mediation and Arbitration (CCMA) between October 2022 and June 2023.
UN urged to act against South Africa over breach of Solidarity agreement
Solidarity today lodged a formal complaint with the International Labour Organization (ILO) of the United Nations in Geneva, Switzerland, against the South African government. The complaint follows the… pic.twitter.com/d4Oarvk0cX
— Solidariteit (@solidariteit) May 15, 2026
