Minister of Labour and Employment Nomakhosazana Meth is making waves with ongoing blitz inspections and raids across the country, yielding positive results. The recent developments in the Pretoria high court shed light on the constitutionality of setting numerical redress targets for companies.
Fana Nalana SC, representing Minister Meth, argued in court that it is not unconstitutional for the minister to establish these targets. This counters claims from the Democratic Alliance (DA) that the Employment Equity Amendment Act’s section 15A promotes unfair discrimination. Ismail Jamie SC, representing the DA, raised concerns about the Act imposing rigid sectoral targets that could potentially harm those not belonging to preferred demographic groups.
Jamie emphasized the importance of contextual considerations in determining the constitutionality of affirmative action measures. He expressed worries that the Act’s enforcement of demographic targets could unfairly discriminate against coloured and Indian individuals, particularly in provinces like Gauteng. According to Jamie, the Act’s provisions could lead to job scarcity for Indian professionals in certain regions.
The DA’s labor spokesperson, Michael Bagraim, highlighted concerns that the Act’s regulations could prompt companies to let go of staff from specific demographic groups to comply and avoid fines. This, in turn, could exacerbate the current employment rate, which stands at just below 32%. Bagraim and DA federal council chairperson Helen Zille criticized affirmative action policies, citing past economic harm caused by exploitative practices.
In response, Fana Nalana clarified that companies would have flexibility in meeting targets, with the opportunity to provide reasons for non-compliance. He reassured that the minister would not adopt a draconian approach but rather focus on fostering affirmative action and removing barriers for career advancement. Nalana emphasized that compliance checks would occur every five years, allowing for target adjustments based on company performance.
Nalana dismissed fears of employees being fired based on demographic criteria, stating that companies could strategize on how to diversify their workforce. He assured that the ministry’s goal is not to restrict job opportunities based on demographics but to promote inclusivity and diversity in the workplace.
The court has reserved judgment on the matter, indicating a need for further deliberation on the constitutionality and practical implications of the Employment Equity Amendment Act. As the legal proceedings unfold, stakeholders will closely monitor the outcomes and implications for labor and employment practices in the country.
