It would on a literal interpretation require ministers to abolish affirmative action legislation, as well as the progressive income tax because of the inherent inequality in their operation. It is submitted that this provision, amongst others, is unconstitutional. The solution, as has been stated above, is to remove the equality provisions from the Bill and deal with those different sectors where the need has been identified, in targeted and focussed legislation. This legislation should be drafted after proper consultation with interested parties and due consideration of its economic impact. Uncertainty does not promote investment and business risktaking.
Entrepreneurs require additional compensation to take on additional risk, and uncertainty is risk.
It is therefore totally unacceptable for legislation to create an impediment to economic growth by vague and uncertain provisions. It should be made very clear in the wording that each situation mentioned should be subjected to the test of whether it is unfair. This provision undermines market forces and will impact very negatively on economic activity and impede foreign and domestic investment. A burden of this nature should lie on the body of taxpayers as a whole, and not on a few individual organisations. Such power should at least be subject to the recommendation or approval of the Judicial Service Commission.