Government is not surprised by the DA's march against transformation of the labour market.  The Constitution of South Africa reflects in the preamble, the recognition by the people of the injustices of our past and resolve to improve the quality of life of all citizens and to free the potential of each person.

As we consolidate almost 30 years of democracy, we should not forget our painful past and how the majority of our people were excluded from accessing equal opportunities in employment and education, including participating in the economy on an equal footing merely based on their race; colour of their skin; gender, language; culture, including on their disability.

Even today, this DA's protest is a confirmation that the opposition party has not fully embraced change, and it is continuing with the same old malicious tactics used during the Apartheid regime to 'divide and rule' along the racial lines.  It is disturbing that this protest is intended to divide the Black people, i.e. Africans, Coloureds and Indians to score political points.

It is a known fact that as we consolidate 30 years of democracy and over 24 years of the Employment Equity Act (EEA), the pace of economic transformation remains at a snail pace as confirmed by the recent 23^rd Commission for Employment Equity (CEE) Report.  This report reflects that, relative to the demographics of the Economically Active Population (EAP) as released quarterly by the Statistics South Africa, marginal progress in relation to the equitable representation of the designated groups, in particular, Africans, Coloureds, Indians and persons with disabilities have been made in the middle-to-upper occupational levels of the workforce. 

In fact, the 23^rd CEE Annual Report indicates that the South African labour market continues to be racialized and gendered.  For example, 62.9% of all positions in Top management level are still held by Whites, whereas Africans, Coloureds and Indians combined accounted for 34.2% and Foreign Nationals accounted for 3.0%.

At Senior management level, Whites account for 50.1% of all positions and the Africans, Coloureds and Indians combined accounted for 46.9% and Foreign Nationals accounted for 3.1% of all positions at this level. 

In terms of women, they only accounted for 26.5% and 37.2% of all positions at Top and Senior management levels respectively.  It is concerning that the representation of persons with disabilities remained unchanged at approximately 1% over the 24 years of the EEA.

It is also evident from the 2022 EE status of the labour market as reported by employers themselves, that self- regulated EE targets have not worked or yielded any positive results in moving the transformation needle.

It is against this backdrop of this slow pace of transformation that it became prudent to explore other policy interventions to expedite the economic transformation of the labour market. The EE Amendments were therefore, introduced as a catalyst to facilitate change and diversify our workforce to create an inclusive and sustainable economy.

It is disconcerting how some political parties like the DA have maliciously interpreted the proposed EE amendments and sector EE targets published for public comment and used it to divide the masses with selective and insufficient information. 

We are currently busy considering the public comments on the proposed sector EE targets and we intend to republish the proposed sector EE targets for further public comment to extend and enhance the consultation process before the final sector EE targets can be published for implementation.

It is unsettling that the DA is continuing to threaten certain racial groups, in particular, the Indians, Coloureds and Whites that they stand to lose their jobs, should the EE Amendments and sector EE targets become effectively. 

It is absurd because both the Constitution as well as the Employment Equity Act, including other labour laws such as the Labour Relations Act (LRA); do not allow any employer to dismiss or terminate a contract of employment or retrench any employee, whether from the Black or White community, to make space for the implementation of affirmative action or the sector EE targets. 

Any employer that dismisses or retrench any employee solely to achieve their own annual EE targets and the proposed sector EE targets will be contravening the objectives and the provisions of the Constitution, the EEA and the LRA.

Notably, the EE Act is very clear that Coloureds and Indians were negatively impacted by the Apartheid laws and remain beneficiaries of affirmative action as part of the designated groups. 

All employers, employees and all fellow South Africans are encouraged to adopt strategies to build inclusive workplaces free from unfair discrimination in order to create a sustainable and inclusive economy for a better society for all.

For media inquiries, please contact:

Sabelo Mali

Ministerial Spokesperson

082 729 5804 / sabelo.mali@labour.gov.za

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Issued by: Minister of Employment and Labour

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