AfriForum pushes for deadline for government’s racially discriminatory policies

24 April 2024

The civil rights organisation AfriForum has today submitted comments to the Department of Employment and Labour regarding draft regulations on proposed sectoral numerical race targets. The department published the new draft regulations in February after strong opposition to Minister Thulas Nxesi’s specific race targets for each industry and province. The public has until 2 May to submit comments on the new proposed sectoral numerical race targets.

In its comments on the new draft regulations, AfriForum proposed that a fixed deadline be established for the termination of racially discriminatory legislation, which is in accordance with the “temporary nature” of affirmative action policies, as determined by the Employment Equity Act 55 of 1998.

“Without a fixed end date for racially discriminatory legislation, the vicious cycle of government failure and the push for more racially discriminatory policies continues. After more than 100 years of racially discriminatory policies, which continue into the 21st century, it is time for the abolition of this abhorrent practice,” says Ernst van Zyl, Head of Public Relations at AfriForum.

AfriForum further argues in its comments that racially discriminatory legislation should be scrapped by the government in general and in all facets of society, including employment, sports and education.

“The government’s preoccupation with equal outcomes rather than equal opportunity has created an increasingly racialized environment. South Africa cannot call itself a non-racial country if its government continues to push for intensified racially discriminatory legislation,” says Van Zyl

“Because of its myriad of racial laws, South Africa certainly qualifies as one of the most race-obsessed countries in the world,” concludes Van Zyl.

Text of letter:

Dear Ms Lehlokoa

DRAFT REGULATIONS ON PROPOSED SECTORAL NUMERICAL TARGETS UNDER CONSIDERATOIN OF THE DEPARTMENT OF EMPLOYMENT AND LABOUR

Introduction AfriForum is a South African civil rights organisation with over 315 000 donating members – which makes it the largest civil rights organisation in the southern hemisphere. The organisation acts in the interest of its members as well as in the interest of the South African public (in particular minority groups) through active participation and advocacy. One of AfriForum’s core principles is an opposition to racially discriminatory legislation. This opportunity for public participation therefore falls directly into the organisation’s field of focus.

AfriForum submits these comments in response to the invitation to provide comment on the draft regulations on proposed sectoral numerical targets, currently before the Department of Employment and Labour. AfriForum’s submissions can be summarised as follows:

A fixed deadline must be established for the end of racially discriminatory legislation in accordance with the “temporary nature” of affirmative action policies, as stated by the Employment Equity Act 55 of 1998. Without a fixed end date for racially discriminatory legislation, the vicious cycle of government failure and push for more racially discriminatory policies is perpetuated.

Racially discriminatory legislation should be scrapped by the government overall and in all facets of society, including employment, sport and education.

AfriForum’s stance

Approximately 313 race-based laws have been introduced since the creation of the Union of South Africa in 1910. More than 116 (i.e., 37%) of these were created after the ANC came to power in 1994. AfriForum opposes any race-based legislation, as well as the racial classification system that the South African government continues to perpetuate. On the other hand, AfriForum supports the principle of the development and empowerment of people in need – regardless of their skin colour.

Policies and ideologies should not be judged based on their intentions, titles or aims, but rather on the outcomes that they achieve and produce. You judge a tree by its fruit. Black economic empowerment is an apt example of a policy that has a positive-sounding name, but that produces unjustifiable outcomes through immoral means. AfriForum does not oppose the empowerment of poor black people; rather, AfriForum opposes the discriminatory policy of black economic empowerment, which achieves everything but its stated goals. Instead, it is nothing more than a smoke screen for small elite empowerment through cadre deployment and cronyism.

AfriForum stands on solid, principled ground: racial discrimination by the government – be it in employment or in sport – was wrong in the past and is therefore also wrong in the present. Condemnation of the racial discrimination by a government of the past rings hollow when those who condemn it are defending racial discrimination by a government of the present. Systemic racism is defined as a form of racism or racial discrimination that is embedded in the legislation of a society, with racially discriminatory hiring practices one of its main features. According to this definition, the race-based laws of the pre- as well as post-1994 governments are prime examples of systemic racism.

Racial prejudice has infected almost every facet of society – from corporate hiring practices to primary school rugby teams. The leaked internal memo from Dis-Chem Pharmacies in 2022, which announced a moratorium on the hiring and promotion of white people, serves as a testament to how absurd and unjustifiable the racial discrimination has become that the government mandates.

Government-driven, racially discriminatory hiring practices, which are sold as “affirmative action” or “redress”, are a sham solution. What must be corrected is a dysfunctional education system that cause many children even in 2024 to attend schools with pit toilets. The real problem is a race-obsessed government that is still failing to address worsening unemployment, poor education, rampant corruption and an electricity supply crisis.

The government’s preoccupation with equality of outcomes rather than equality of opportunity has created and continues to create an increasingly race-obsessed environment. This exacerbates social tension in the country and contributes towards racial polarisation and animosity.

AfriForum therefore calls for the abolition of racially discriminatory legislation.

The matter of a fixed deadline

A government that fails to address the crises of unemployment, unreliable electricity supply, poor economic growth and rampant crime, while it simultaneously uses the persistence of these worsening crises as justification for intensified and continued racially discriminatory policies, is creating a racialist country with no end in sight – a vicious cycle of systemic racism. Based on current trends, racially discriminatory legislation will be pushed by the government indefinitely if there is no fixed deadline. Racially discriminatory policies that are directed primarily at the white minority population of South Africa by the government have already become a multigenerational matter with no end in sight. This is an unjustifiable, immoral state of affairs that cannot be allowed to continue.

AfriForum therefore calls for a fixed deadline to be established for the end of racially discriminatory legislation by the South African government in accordance with the “temporary nature” of affirmative action policies as stated by the Employment Equity Act 55 of 1998.

Oral submissions

If the Department of Employment and Labour calls for oral hearings on this matter, AfriForum kindly requests the opportunity to present its submission to the Department.

Conclusion

South Africa cannot call itself a non-racial country if its government continues to push for intensified racially discriminatory legislation. As a matter of fact, South Africa remains to this day a deeply racialised country, thanks to the discriminatory policies by its government. Thanks to its myriad of race laws, South Africa certainly qualifies as one of the most race obsessed countries in the world. After more than 100 years of racially discriminatory policies in South Africa, which have continued into the 21st century, it is time for the abolition of this abhorrent practice.

ENDS

Issued by Ernst van Zyl, Head: Public Relations, AfriForum, 24 April 2024