Department of Employment and Labour officials in the North Gauteng High Court in Pretoria today (6 April 2025) in attendance for the Court case brought about by the Democratic Alliance (DA) to challenge to Section 15A of the Employment Equity (EE) Amendment Act. The party argues that the EE Amendment Act introduces rigid national race quotas in the workplace(s) and that so-called quotas will destroy jobs, undermine the economy, and violate the constitutional rights of all South Africans.
Section 15 of the principal Act gives powers to Employment and Labour Minister to determine sectoral numerical targets 15 in pursuit of workplace transformation. The Minister may, after consulting the relevant sectors and with the advice of the Commission, for the purpose of ensuring the equitable representation of suitably qualified people from designated groups at all occupational levels in the workforce, can by notice in the Gazette set numerical targets for any national economic sector identified.
The EE Amendment Act, No. 4 of 2022 came into force on 1 January 2025, including its EE Regulations published on 15 April 2025. The EE Act came into operation in 1998 with the purpose to achieve equity in the workplace by – promoting equal opportunity and fair treatment in employment.
However, Commission for Employment Equity (CEE) Annual Reports on workplace transformation – year in out shows that there is no will to transform the racial make-up of South African workplaces with White population group still dominating the top echelons and Black groups perched at the bottom.
NB: In another development the Department of Employment and Labour, the Commission for Employment Equity (CEE) and the Commission for Conciliation Mediation and Arbitration (CCMA) in preparation of implementing the new EE Act will be conducting advocacy national workshops/roadshows to engage with various stakeholders in the labour market about the implications of the new legislation. The national workshops are set to start on 20 May 2025 in East London, Eastern Cape – and will conclude in July 2025 in Gauteng Province.