‘Illegal & immoral’ – Solidarity unhappy with changes to Employment Equity Act

Clement Manyathela was in conversation with Chief Director of Labour Relations at the Department of Labour, Thembinkosi Mkaliphi and Head of Communications at Solidarity, Dr Morné Malan.

• The Presidency says the new law will advance transformation

• The Labour Minister will now be in charge of setting equity targets

• Solidarity believes the Act is unconstitutional

Solidarity plans on heading to court to challenge new changes to the Employment Equity Act.

President Cyril Ramaphosa signed off on the amendments last week.

The Presidency says the Act will promote diversity and equality in the workplace.

The legislation now gives The Minister of Employment and Labour the power to set employment equity targets for economic sectors, and regions where transformation is lagging.

The new law requires companies with more than 50 employees to submit employment equity plans explaining how they will achieve these targets.

Employers must also submit yearly reports to the department.

These targets are sector targets. There is a provision in the law and the regulation that if a company is not able to meet the targets, it can select a justifiable reason. A quota is something that you must meet, irrespective of circumstances.

Thembinkosi Mkaliphi – Department of Labour

The legislation is unconstitutional. It also does not comply with the provisions of the South African Human Rights Commission or international legislation. Not only do we believe that the legislation is demonstrably and profoundly illegal, but it is also immoral.

Dr Morné Malan – Solidarity

South Africans are human beings and not just racial numbers. All of us have to recognise that we have value beyond simply our skin colour despite what the government is trying to tell us.

Dr Morné Malan – Solidarity