Minister notes legal action regarding Employment Equity Act

The Minister said that the DA's attack on these regulations is based on the claim that the section 15A scheme is unconstitutional. 

Employment and Labour Minister, Nomakhosazana Meth, says she has noted that the Democratic Alliance (DA) is taking legal action against the recently amended Employment Equity Act.

In a statement on Monday, the Minister labelled the move as “a clear attempt to halt transformation in the workplace and preserve historical inequalities”.

The DA has lodged a constitutional challenge to sections of the Employment Equity Amendment Act 4 of 2022, specifically targeting the provisions that empower the Minister to set numerical targets for the equitable representation of designated groups across all occupational levels.

The Amendment Act empowers the Minister of Employment and Labour to set numerical targets for equitable representation of suitably qualified individuals from designated groups at all occupational levels. 

This is done after consulting relevant sectors and with the advice of the Commission, ensuring that the Minister does not act arbitrarily and remains within the framework of the Employment Equity Act.

“The DA’s challenge seeks to disrupt efforts aimed at achieving equitable representation and maintaining the inherently unfair status quo. By opposing these amendments, the DA is actively sabotaging the transformation goals that have been pursued since the end of the apartheid era, effectively hindering progress towards equality and fairness in the workplace.

“This stance is not only anti-transformation, but also a step backward in the fight for equality and fairness in the workplace,” Minister Meth said in a statement.

Unlike rigid mandatory quotas, which must be achieved at all costs, the Amendment Act introduces flexible employment equity targets. Designated employers can set their annual numerical targets in their employment equity plans, which must comply with sectoral targets.

However, employers can justify their failure to meet these targets on reasonable grounds. 

The Minister said that the DA’s attack on these regulations is based on the claim that the section 15A scheme is unconstitutional. 

However, as stated in section 2 of the Employment Equity Act, the Minister’s implementation of these measures cannot legally constitute unfair discrimination.

This article was originally published on SA Gov News.