Life in Mandela's South Africa

Operation of the Employment Equity Act

In the glorious days of the Rainbow Nation (circa 1994), we were all "one nation".It seems, however, that those days are no longer. Now we are divided into the "designated group" (Africans (blacks), Coloureds, Indians, women and the disabled) and the "non-designated group" (white males).

This Act is blatantly racist, and represents an attempt by the ANC/SACP/COSATU troika to disguise its failure to create jobs by forcing employers to stock their companies with black faces. This is tokenism at its worst !

The premise of the Act is that the inequalities left behind by apartheid can not be eliminated by natural processes -- the market needs governmental interference. The Act provides that persons may not be discriminated against on the basis of, among others, race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language and birth. These all sound fine and good, but do not mean what they say. If you're black you can't be discriminated against on these grounds (although membership of the ANC/participation in the struggle seems to have become an unwritten requirement for state employment), but if you're white they don't seem to apply. The Act also prohibits employers from having policies that tend to discriminate on these grounds.

The Act compels companies to "implement positive measures designed to redress the disadvantages in employment experienced by black people, people with disabilities, in order to ensure their equitable representation in all occupational categories and levels of the workforce". Were all blacks disadvantaged? The question is moot, because all blacks are now privileged. This attitude has led blacks to feel that they are above the law -- see corruption .

The list of measures with which companies will have to comply is daunting. These are:

  • identify and eliminate employment barriers, including unfair discrimination, which adversely affect people form designated groups

  • further diversity in the workplace based on equal dignity and respect for all people

  • make reasonable accomodation of all people from designated groups in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce

  • introduce affirmative action measures, including preferential treatment, to appoint and promote suitably qualified people from designated groups to ensure their equitable representation in all occupational categories and levels of the workforce

  • introduce measures to retain, retrain and develop people from designated groups

It should be noted that the provisions only apply to companies with more than 50 employees, municipalities and organs of state.

What all this means is that employers will have to spend time and money drawing up a plan to implement these measures. The employer must discuss the plan with the workplace forum, or the trade union if no workplace forum exists. The Act provides 8 requirements with each plan must comply. A summary of the plan must be published in the company's annual financial report.

These are some of the more contentious aspects. You can read the Act itself by clicking on the links below.

This Act says two things to me:

1. White males have no place in the New South Africa, except to shut up and pay our taxes (those of us who are left in jobs... )

2. The State will poke its nose in everywhere, introducing creeping fascism.

South Africa desperately needs investment. She needs economic growth to cement her position as a regional power. This is not the way to get it: investors are not going to invest in South Africa if they are confronted with a shopping list of requirements -- the purpose of investing is to get a return, not to feel good! The ANC government in its infinite wisdom seems to think that investing in South Africa is a privilege which only the good few can undertake. This, and not apartheid, is the reason why all South Africans are poorer now than they were 5 years ago.

Get the Act here

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