An Act “seeking to promote diversity and equality” in the workplace has instead been met with discontent and fears that divisions are being sowed between different racial groups.
Northern areas residents, addressed on the amendments to the Employment Equity Act on Thursday, felt the public consultation was “just a talk shop” and that some groups had been placed at a disadvantage.
The Act was signed into law by President Cyril Ramaphosa in April.
The new law requires companies with more than 50 employees to submit equity plans reflecting the demographics of the region in which they operate — referring to provincial or national racial demographics — and set out how they intend to achieve them.
It also provides for the labour minister to set five-year numerical targets for specific economic sectors including in hospitality, retail, farming, automotive and agriculture.
Employment and labour minister Thulas Nxesi hosted a public consultation meeting at the Gelvandale Community Hall for public comment.
Addressing residents, Nxesi said the targets set out by the ministry would be customised according to the different sectors and would be implemented subject to consultation with role players in the various industries.
“The equity amendments aim to ensure that black Africans, which include coloured people, Indians and Khoi-San, women and the physically impaired, get equal opportunities in the workplace.
“It also compels the employer to effect measures that will ensure people from previously disadvantaged racial groups and those who are economically excluded are prioritised for jobs,” he told those present.
However, some residents said it would only result in coloured people, especially in Nelson Mandela Bay, losing out on jobs.
The amendments compel companies to use either provincial or national racial demographics in implementing their set targets.
The last census shows that of the metro’s population, 60.4% are black, 22.6% coloured, 16.1% white and 0.9% Indian or Asian.
The provincial population figures are vastly different, with 82.1% black, 12% coloured, 5% white and 0.9% Indian.
This means when the provincial rather than the municipal race demographics are used, the ratio of coloured and white people employed by big corporates would not reflect the city’s population groups.
Gelvandale resident Edwin Goldman said he rejected the Act and its amendments as it sought to promote “the employment of black people over coloureds”.
“Everything that was fought for by the fallen apartheid stalwarts has been broken down by the current government, including the pursuit and realisation of equality among all people,” he said.
Goldman said the Act reversed all the gains of freedom by disadvantaging minority groups such as coloured people by using demographics to determine who was prioritised for employment.
“What this Act seeks to achieve is no different from apartheid.
“The only difference is that a black man is behind it,” he said.
“The minister has the audacity to say black people include the coloureds when we actually won’t be benefiting the same way when it comes to jobs.
“And this is why I’m rejecting it.”
The Act has also been widely criticised by the DA, which filed a motion of exigency in the Nelson Mandela Bay metro in April.
Through the motion, the DA wanted to declare an intergovernment dispute with the employment and labour department regarding how demographics used in hiring processes are interpreted, and at what stage of the selection process equity targets kick in.
DA provincial chair Yusuf Cassim said what the amendment to the Act did was to empower Nxesi to enforce racial quotas across national economic sectors and industries which would amount to dangerous social engineering.
“It will scare off investors, strangle growth and destroy any hope of creating jobs, while treating minorities like second-class citizens,” he said.
“We believe the Act is unfair irrespective of whether provincial, national or municipal demographics are used.”
Cassim said when analysing the gazetted regulations, there were instances where businesses would be forced to employ fewer coloured citizens than their white or black counterparts.
“Changing the location of the demographic doesn’t make it any fairer to a coloured child born into a democratic SA.
“Race quotas should be scrapped entirely instead of advocating for lesser evils.”
Conflict resolution specialist Andre Vlok said the Eastern Cape was an example that matters of such importance should not be solely based on race demographics.
“The system should allow for discretion to be implemented right down to industry level, where a city can regulate it so that we don’t have this mindless intimidation overall.”
Vlok said demographics alone could not be used to redress the imbalances of the past, and that sharper tools were required than just ticking a box.
“To make it effective, there has to be industry-level input because the Act in its current form is disadvantaging the coloured people it seeks to assist, which means the legislation is not effective which surely government never intended.”
He said it was not too late for Nxesi to tweak it so it worked for everyone.
Nxesi, however, said certain people were pushing the narrative that coloured, white and Indian people would be removed from jobs to make space for black people.
“That is utter nonsense,” he said.
“Those who preach that Africans will be taking other race groups’ jobs are promoting propaganda and want to protect white people and keep them at the top at the expense of black people.
“They are trying to make the poor fight among themselves.”
Helenvale resident Eric de Lange said employment was scarce for both black and coloured people in the region which was why it was unfair that demographics would be used for employment.
“The Act will slowly divide us because while one racial group can get jobs because they are in the majority in the province or nationally, other races who are also struggling but are in the minority will be plunged deeper into poverty.
“This Act is divisive and promotes racism by means of ostracising certain racial groups from economic freedom.”
Gelvandale resident Muneer Lentoor, who has been looking for employment for the past three years, believed that the Act was fair but that young people needed to be more proactive in their job-seeking efforts.
“I welcome the Act and its amendments but I also think government can still play a role in ensuring that all racial groups are catered for by providing learnerships and internships so that the youth can gain work experience.”
The employment and labour ministry also proposed a labour migration policy which is an idea from Southern African Development Community countries and will be implemented once adopted in the different countries.
The policy wants to ensure that semi-skilled job opportunities in sectors like security, cosmetics and retail are kept for locals only.
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