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BREAKING NEWS: The controversial Dis-Chem moratorium story takes a new twist as it spills to the court

Caroline Du Plessis

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Iniafrica.com, platform for telling it as it is, can confirm that today an application under case number 2022/034619 whose details can be found using the link below was issued and served on the parties who include the Minister of Employment and Labour, as the First Respondent, the Director General of the Ministry as the Second Respondent, and Dis-Chem as the Third Respondent:

The Applicant seeks the following relief:

Ms. Greaver, a member of the Banking on Africa’s Future – 10,000 Points of Light (POL) initiative, Justice Under Rule of Law (JUROL) confirmed the development and said:

“As a citizen of South Africa, I find the action by Dis-Chem of interest not only to the community of the company, but to the whole country especially having regard to the fact that this experience has exposed that after 28 years of democracy, the ghosts of apartheid have not been exorcised from our civilization.

I believe that the supremacy of the constitution is the only binding law for all persons should help guide us as we try to navigate the dangerous terrain that we find ourselves in.

At the core of this dispute is the lack of a shared understanding on what is the cause and effect of the celebrated enduring apartheid in the labour market including the undeniable fact that the claim by people of colour like me on income cake at the enterprise level, is still a fraction of what other racial groups are earning.

I watched with trepidation that show that JJ Thabane hosted last night on this seemingly expose of the lack of transformation at Dis-Chem and the quest for a magic bullet to change the composition of the workplace.

I was intrigued by what Mr. Manyi had to say that affirmation action that permits the government actors to borrow public power to induce or force private institutions to give up their rights and freedoms in hiring and dismissing the soft side of the supply chain but be neutral to the hard side i.e. plant and equipment that is not subject to any quotas or target, had to say about the constitutional validity of race-based targets to justify why the supremacy of the constitution promise must be waived to permit 10% of a company’s turnover derived from atomistic and voluntary customers to be forfeited to the government simply because of lack of compliance with administratively imposed targets.

In the interests of advancing the supremacy of the constitution, I was compelled after deliberations with fellow members of JUROL to launch this application as a self-actor for the court to determine the questions set out in my Notice of Motion as set out above.

I believe that the doctrine of separation of powers will allow those who have something to say on this controversial matter to hold back until an independent and impartial forum has looked at the facts and the law from the parties in the suit.

This process will assist in asserting the doctrine of the separation of powers and permit the opinionated citizens be bound by the promise of the supremacy of the constitution and that any conduct, practice, regulations, law and custom that is inconsistence with the constitution and the rule of law, is invalid to the extent of its inconsistence.

The contents of the affidavit will confirm that I seek no specific self-vindicatory relief but seek the court’s inherent jurisdiction to determine the dispute regarding the constitutionality of the issues in contention that have had the effect of further causing disharmony and disunity among not only the employees of Dis-Chem but nationally.”

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