12 February 2025
Solidarity to tackle unconstitutional racial targets during public hearings
Solidarity intends to use a public opportunity next week to raise strong objections against racial regulations in the workplace which are still being pushed through in an improper way.
The mentioned opportunity pertains to the Department of Labour’s public hearings conducted as part of its public participation process, and at which Solidarity will make submissions on the unconstitutionality and irrationality of the Department’s regulations set for sectoral racial targets. These regulations were published in terms of the Employment Equity Amendment Act which came into force on 1 January 2025.
These public hearings will be held between 11 and 19 February 2025 and offer an opportunity to stakeholders to give input on the racial targeting regulations in the Act.
This Act is now coming under particular scrutiny. It grants powers to the Minister of Labour to determine sectoral demographic targets – in other words racial figures – through regulations determined for the various occupational sectors.
These regulations force employers to comply with specific racial requirements or scorecards. The supposed aim is to transform workplaces so that they would then reflect the country’s demographics.
However, Solidarity has serious objections to these rigid racial regulations as criterion and is determined to emphasise this matter at the public hearings.
Anton van der Bijl, Solidarity’s deputy chief executive, says this sly attempt by the Department of Labour to publish the regulations notwithstanding the agreement on race reached with Solidarity is unacceptable.
“While we are here dealing with a set of regulations that will significantly impact appointment and promotion practices at every level of a workplace, the Department does not even comply with the minimum basic requirements for being lawful and rational.
“Not only is this directly contrary to the settlement the government has concluded with us, but the incompetence of the officials in proposing the regulations in accordance with the Act is totally astonishing,” Van der Bijl said.
While Solidarity is committed to dialogue it will continue with its campaign to free South Africa of the burden of racial laws. If its inputs against the regulations are not accepted, it will stop the regulations by means of litigation.
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