EEA flies in the face of a non-racial society
EMPLOYMENT Equity Amendment Bill: From a road of salvation to a road of damnation. I call on companies to defy this act of racial discrimination.
The amended Employment Equity Act ( EEA) is a constitutional aberration and flies in the face of our so-called “non-racial” society.
To empower the minister of Employment and Labour to set employment equity targets in 18 economic sectors, that will effectively dilute the workforce to racial quotas mainly, is discriminatory as well as unconstitutional.
It further impinges on employers’ right to employ “fit-for-purpose” personnel to achieve business objectives, primarily prejudicing Indian, white and coloured citizens from being employed – in terms of their capability and competency – only because of their racial classification.
It is high time demographics are relegated to the backburner so maximum productivity is achieved by employing the best person for the job.
Despite all that is boasted about South Africa being a constitutionally non-racial country, we are anything but that – it is a fact that we must not shy away from, nor be afraid to call it what it is. It is ironic, if not a paradox, that the Department of Employment and Labour suggests the purpose of the EEA is to “promote equal opportunity and fair treatment in employment through the elimination of unfair discrimination”.
By virtue of creating racial paradigms, there is automatic discrimination on a racial basis and despite the intention of the Bill to level the playing fields as it were, it creates the reality of true unfair discrimination against those whose classification is not “black” primarily.
I have no problem whatsoever in our fellow black compatriots, women and persons with disabilities being given equal and fair opportunity in the workplace, but businesses cannot be prejudiced to meet demographic quotas when certain skills that are required are not met. It has become a norm, for example in the SAPS, the health sector, the education sector and municipalities among a myriad of other state and parastatal entities, that promotions to senior positions are reserved primarily for “black” personnel – whether such persons are worthy, capable or competent to hold the positions.
It is my view that the amendments themselves will be open to further controversy and chaos, including unwarranted strikes (which costs the country billions in lost productivity), as unions will pounce on any opportunity to force employers to comply, even though such compliance may be detrimental to the business.
International companies and foreign entrepreneurs will be very wary of investing in a highly prejudiced and racially motivated environment, thereby adding to our economic woes as these investors are sorely needed to boost our economy.
Every South African, as an equal citizen of the country, must be given fair and equal opportunity without the caveat of race being a restriction in terms of employment and until such time that this is the reality, we will always be handicapped by the very concept of race as an inhibiting factor in the promotion of a constitutional democracy and of course, of a truly non-racial society.
Businesses must defy these amendments and make a categoric statement that productivity cannot be determined, dictated or railroaded by legislation that is prohibitive and racially motivated.
Apartheid taught us many lessons – not least that fellow citizens who were not classified “white” were considered “second class” citizens, imbued with limited opportunities and severe prejudices – and what cost?
Are we regressing to another chapter in diminishing our citizenry to the race card – yet again?