In an attempt at damage control, President Jacob Zuma has sought to assure coloured people in the Western Cape and Indians in KwaZulu-Natal that the Employment Equity Amendment Bill (the bill) does not mean what it says, states the South African Institute of Race Relations.
The bill removes a provision in the Employment Equity Act of 1998 (the EE Act) requiring designated employers to align their workforces with the ‘demographic profile of the national and regional economically active population'.
Under the bill, the words ‘national and regional' are removed. The amended provision thus requires alignment with ‘the demographic profile of the economically active population'.
Under ordinary principles of statutory interpretation, all national legislation applies to the nation as a whole - and regional demographic profiles thus cannot be used unless this is expressly authorised (as it is at present).
"Mr Zuma says the removal of the word ‘national' shows that no real change is intended, but this is unconvincing. Once the words ‘and regional' are taken out, leaving the word ‘national' in the clause is tautologous, for the demographic profile then in issue is clearly the national one in any event," says the Institute's in-house legal expert and Head of Special Research, Dr Anthea Jeffery.
The president adds that the amendment is intended to give employers the flexibility to use either national ‘or' regional demographics, as the current reference to national ‘and' regional demographics has caused confusion.