Unveiling the Battle Against Employment Equity: Solidarity Takes a Stand at the UN

In a significant move to challenge the government's Employment Equity Act, Solidarity, a prominent South African union, has announced its plans to take the matter before the United Nations Committee on the Elimination of Racial Discrimination (CERD). This bold initiative is aimed at shedding light on the controversial race-based policies introduced by the South African government. In this article, we will delve into the details of Solidarity's campaign, the government's perspective on the matter, and the implications of these proposed employment equity targets.

Solidarity's decision to bring the government's race laws before the United Nations Committee on the Elimination of Racial Discrimination (CERD) underscores the union's unwavering commitment to challenging these policies on a global scale. Dr. Dirk Hermann, Solidarity's chief executive, emphasized the urgency of the situation, stating, "Race laws must stop, and we want an end date. The time is now." This marks a significant escalation of their efforts after reaching a settlement earlier this year.

Solidarity plans to present a shadow report on discrimination in South Africa to the UN committee, aiming to expose the government's policy of statistical racial representativity. This move seeks to bring international attention to the contentious employment equity targets and potentially push for a resolution to end these policies.

The Department of Employment and Labour, on the other hand, maintains that the proposed employment equity targets are "not about race." Niresh Singh, the department's deputy director for employment equity, explained that the targets encompass a broader spectrum, including people with disabilities, Coloured people, Indian people, White women, and other demographic groups. Singh emphasized that critics tend to narrow the focus on race, portraying it as the sole concern, which he argues is not accurate.

Singh urged unions to collaborate with employers to meet the targets and address shortfalls in demographic representation, including disability and gender. While the department insists that the targets are not solely race-based, the regulations still exhibit detailed criteria for achieving racial demographic representation across 18 major sectors in the country.

The employment equity laws, assented to by President Cyril Ramaphosa in April, empower the minister of employment and labour to set race-based targets for various sectors in South Africa, which must be achieved within five years. Failing to meet these targets could lead to substantial penalties, including hefty fines.

The proposed targets involve an intricate web of 10,800 data points, establishing racial demographic goals for 18 sectors across four job categories and five racial groups. Critics argue that these targets effectively function as racial quotas, which are considered unlawful in South Africa.

The department counters these allegations by stating that the targets are not rigid quotas, as they allow for flexibility and exemptions for businesses, and they provide a reasonable timeframe for sectors to achieve them. However, unions like Solidarity contend that given the state of South Africa's economy, these targets are unrealistic and could only be achieved by implementing a de facto quota system—firing and rehiring based on race.

Our view

Irrespective of your stance on the changes to the Employment Equity Act (EE), it revolves around a central principle: achieving a balanced workforce within the nation. This is particularly significant due to the existing disparities in racial demographics in the country. In a nation of 62 million people, where Africans make up 80.2%, Coloured individuals constitute 8.8%, Whites represent 8.4%, and 2.5% are Indian/Asian, it makes sense to align a company's demographics with these figures to promote economic growth.

However, this alignment is not as straightforward as it may appear. Multiple intricate factors come into play, too numerous to enumerate comprehensively. Some argue that the focus should not solely be on demographics but on the collective success of small and large businesses. A flourishing private sector, they contend, results in more job opportunities for all South Africans. To nurture this prosperity, we require a workforce with access to quality education, opportunities for small businesses to expand and adapt, and an environment that fosters entrepreneurship, enabling new businesses to thrive.

This brings us full circle to the fundamental concepts of Skills Development, Enterprise and Supplier Development, and Socio-Economic Development. These form the bedrock of a growing economy, making the Business Broad-Based Black Economic Empowerment (B-BBEE) Act all the more crucial. It serves as a linchpin in advancing economic growth, creating opportunities for individuals and businesses, and addressing the enduring inequalities stemming from historical imbalances.