Solidarity warns minister in comments about illegality of race law

9 June 2023

Solidarity today submitted comprehensive comments against the so-called race law (proposed regulations in terms of the Employment Equity Amendment Act). This followed after these proposed regulations were published by the Minister of Labour and Employment and opened for comments on 12 May.

In Solidarity’s comments, it describes the proposed regulations as unlawful and irrational, and it rejects the government’s attempt to obtain powers to interfere with private enterprises through these amendments to the law. Solidarity regards these regulations as another government initiative to create a state-controlled society where freedom is increasingly restricted.

Solidarity accuses the government of practicing social manipulation by usurping the power to control the employment of workers on the basis of race and gender. The organisation is of the opinion that these amendments do not aim to counter unfair discrimination, but rather to promote it at all levels in the labour market.

“These proposed regulations are nothing less than a quota system in the workplace that legalises gross discrimination. The idea that any business or organisation should submit to this is absurd. Solidarity, together with about 30 other organisations, have already signed a resolution to oppose and fight these regulations. We are now submitting our comments and we speak out against the misdeeds that will be perpetrated through these regulations,” said Solidarity Chief Executive Dr Dirk Hermann.

According to the Solidarity Research Institute (SRI) report in which the impact of the regulations is analysed, the implementation of the regulations will result in a mass evacuation of jobs. The SNI report forms part of Solidarity’s comments.

“The ANC’s calculations simply do not make sense. Apart from the fact that this race practice is downright unlawful, it is practically not implementable. According to these regulations several sectors will have to realise extraordinary growth before mass racial appointments can be made in an attempt to reach the set targets. Moreover, it will undoubtedly result in an exodus of skilled and expert knowledge. In our comments we caution the minister that hundreds of thousands of jobs could be massacred.

“A government that wants to control society at all levels is unacceptable. Our jobs and our work environment do not belong to the state. It is our duty to take action against such abuse and to take the government to task when it commits such abuse. We reject the government’s quota system in its entirety. Should the minister refuse to heed this widespread opposition, we will see him in court soon,” Hermann concluded.

To download the comments, click here.
To download the impact study, click here. 

Issued by Anton van der Bijl, Deputy Chief Executive: Legal Matters, 9 June 2023