Racial Classification, Redress and Citizenship: The Case of the Chinese South Africans (Commentary‪)‬

Introduction This opinion piece is written in the aftermath of a court challenge launched by the Chinese Association of South Africa (CASA) and two other applicants (1) against the South African government (2) in response to the exclusion of the Chinese from the definition of previously disadvantaged groups in the Employment Equity (EE) and Black Economic Empowerment (BEE) legislation. While the respondents initially submitted a Notice of Motion to Oppose CASA's application, by January 21, 2008 the Minister of Justice and Constitutional Development filed a Notice indicating that it would not oppose the Notice of Motion but would abide by the court's decision. On April 7, 2008 the respondents consented to Prayer 1 of the Notice of Motion and agreed that the matter could be set down on an unopposed basis (Edward Nathan Sonnenbergs Inc 2008:3). An order was subsequently issued by the Pretoria High Court on June 18 that Chinese South Africans fall within the definition of 'black people' contained in the Employment Equity Act 55 of 1998 and the Broad-Based Black Economic Empowerment Act 53 of 2003.