Ideology of absolute representivity ripples outward - Solidarity
The ANC's ideology of absolute racial representivity will increase in intensity if the latest proposed amendments to the Employment Equity Act are enacted. Moreover, this ideology is neither feasible, nor constitutional, trade union Solidarity said today. Solidarity is already fighting this ideology which is being followed in government departments such as the Department of Correctional Services and the South African Police Service (SAPS).
According to Dirk Hermann, Deputy General Secretary of Solidarity, the new proposed amendments would increase the Minister of Labour's powers to impose absolute representivity on employers in the state and the private sector. "Sections 42 (2) and 42 (3) in the new amendment bill empower the Minister of Labour to arbitrarily enact regulations that could force employers to see to it that their workforce reflects the national demographics on each job level and in every workplace." As Solidarity pointed out when the previous proposed amendments were publicised, the regulations could come down to large-scale forced racial removals. "The latest amendments still give the state the power to impose the national racial demographics and unique regional differences are not taken into account."
Hermann said the current act stipulates that a number of factors must be taken into account in determining an employer's compliance with the act. They include the available pool of people with suitable qualifications, economic and financial factors, the sector in which the employer operates, the availability of vacancies and the employer's employee turnover. "In spite of sharp criticism against the previous amendment bill's identical proposals, the new amendment bill still scraps these provisions and the factors that are not disposed of, do not necessarily have to be taken into consideration any longer." The latest amendment bill also proposes that the maximum fine for contravening the act should be increased from R900 000 up to as much as 10% of an employer's annual turnover. "This approach of heavier penalties to enforce the failed ideology of absolute racial representivity is not the solution to empowerment problems in South Africa," Hermann said.
Meanwhile, Solidarity has announced that it will file papers at the Johannesburg Labour Court on Thursday (19 July), requesting the court to declare the affirmative action plan of the South African Police Service (SAPS) invalid in its entirety because it conflicts with the Employment Equity Act and the Constitution of South Africa. In the papers, Solidarity focuses on the SAPS's implementation of quotas according to the national racial demographics.
If Solidarity's application succeeds, it will have far-reaching consequences for the entire public service, as other government departments' affirmative action policies are based on the same principle. It will also have consequences for correctional services' policy of absolute representivity.
Statement issued by Dirk Hermann, Deputy General Secretary: Solidarity, and Dirk Groenewald, Head: Labour Court Division: Solidarity, July 17 2012
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