BL Premium reports that Department of Employment & Labour (DEL) Minister Thulas Nxesi has hailed a settlement agreement on employment equity as “groundbreaking”, saying it demonstrated the role social dialogue could fulfil in promoting social justice.
The agreement stems from a complaint trade union Solidarity lodged in 2021 with the International Labour Organisation (ILO). The union complained that SA’s employment equity legislation put too much emphasis on race to determine who should be “hired, fired or promoted”. The ILO recommended that the Commission for Conciliation, Mediation and Arbitration (CCMA) facilitate the dispute between the government and Solidarity. After parties signed the agreement in Pretoria on Wednesday, Solidarity chair Flip Buys indicated: “In short, the agreement says the government and companies may not use race to determine who is hired, fired or promoted. They must use a more nuanced approach. Race cannot be the only factor.” The agreement comes after the Democratic Alliance (DA) approached the courts earlier this month for a declaration that various sections of the Employment Equity Amendment Act were unconstitutional and invalid. That legislation allows Nxesi to set employment equity targets for specific economic sectors and to prescribe demographic targets for employers with more than 50 employees. The DA’s opposition was supported by Solidarity and some 30 other political parties and civic organisations. Regarding the court application, Buys said: “The court matter is considered settled. This agreement is going to be made an order of the court.” CCMA director Cameron Morajane said the signing of the deal was a historic moment for the commission.
- Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
- Read Solidarity’s press statement on the agreement at Politicsweb
Get other news reports at the SA Labour News home page