Foreign nationals versus affirmative action

Foreign nationals are not targeted for affirmative action. That’s according to the Labour Minister, Membathisi Mdladlana. Responding to a parliamentary question by PF Smith of the Inkatha Freedom Party on the status of foreigners in meeting employment equity targets in South Africa Mdladlana said, “Provisions are made in the regulations for employers to record and report on foreign nationals separately, however, they are not targeted for affirmative action”.

The Employment Equity Act has two main purposes, namely the elimination of unfair discrimination and the implementation of affirmative action measures for the equitable representation of the designated groups i.e. blacks, women and people with disabilities, said Mdladlana. He said the elimination of unfair discrimination in the workplace applies to all employers and all employees while the affirmative action part only applies to designated employers and individuals from the designated groups.

Responding to a question on a vacancy for which there is a qualifying white South African but not a qualifying black South African available, whether it is permissible for an employer to refuse to fill the vacancy in the expectation of filling it with a black foreigner Mdladlana said, “Where a South African Black candidate is not available for a post, and if all things are equal, the South African White candidate should receive preference”.

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