Legal updates and opinions
News / News
Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle
and Isabella Keeves – Candidate Attorney
In 1979 science communicator and physicist Carl Sagan wrote in his book Broca’s Brain that “Extraordinary claims require extraordinary evidence”, which is also known as the Sagan standard, and is an aphorism popularly used in a number of fields. Although not expressly mentioned in the judgement, the principle seems to have been applied by the CCMA’s ruling in Future of South African Workers Union obo Zulu and Others v ArcelorMittal South Africa [(2025) 34 CCMA 6.12.1] which offers timely guidance on the evidentiary standard required for proving unfair discrimination under the Employment Equity Act (EEA).
Thirty applicants, predominantly of Zulu ethnicity and employed by labour broker Real Tree, alleged that ArcelorMittal had discriminated against them based on ethnicity, language, conscience, and belief, after they were not appointed to permanent positions despite acting in those roles for over a year. Their claim centred around a supposed promise of permanent employment; refusal to work during a strike due to “conscience”; and alleged tribalistic remarks made by some managers.
The employer, however, submitted uncontested evidence showing that over 200 candidates applied and all were interviewed; selection was based on interview performance, not tribal or political affiliations. Crucially, documentary evidence showed that Zulus (31 in total) were among those hired.
The Commissioner rejected the discrimination claim, finding no credible or documentary proof of a guarantee of appointment. Additionally, there was no evidence that applicants had not been denied a fair opportunity to compete; ethnicity played no role in the outcomes, particularly as some Zulu applicants who had also refused to work during the strike were appointed, and inappropriate remarks allegedly made by individuals were not linked to actual hiring decisions and did not reflect organisational policy.
On the issue of “conscience,” the applicants’ own testimony revealed their refusal to work was due to fear of violence, not belief or religious principle.
As always, the workplace is a balancing ground of competing claims and interests. Fairness is assessed to all parties. Claims of discrimination must be supported by direct evidence that links the alleged ground (ethnicity, conscience, etc.) to the employer’s action. Differentiation in hiring, even where prior acting experience exists, is lawful if conducted in line with transparent and objective processes. Individual misconduct or inappropriate comments by employees do not automatically impute liability to the employer unless condoned or systemic.
Employees should be aware that allegations are easy to make; proving them with corroborating evidence in a legal forum is another matter entirely.
Latest News
The requirements for effecting lawful deductions arising out of damages caused by an employee’s negligence
Sections 34(1)(a) and 34(2) of the Basic Conditions of Employment Act of 1997 (“BCEA”) state that an employer can make [...]
The importance of the recognition of cultural beliefs in the workplace
Cultural beliefs in the workplace Issue in dispute Can an employee who has a genuine cultural belief that she [...]
Let the litigation funder beware
Litigation funding agreement A litigation funding agreement is an agreement that provides for a non-party to finance a legal action [...]
What’s really right? Corporate Social Responsibility as a legal obligation in South Africa
Corporate Social Responsibility Introduction Corporate Social Responsibility is no longer merely a “nice to have” as it finds [...]
Employment equity: The importance of regional demographics
Employment Equity Act 55 of 1998 In terms of the Employment Equity Act 55 of 1998 as amended (“EEA“) designated employers must [...]
The legalities of volunteering – understanding your options and obligations
“It’s in your hands to make the world a better place.” – Nelson Mandela 10 Legalities around volunteering Mandela Day [...]
