Trade Union leaders of all races ask that controversial amendment act be pulled
Coloured, Indian, white and black leaders of trade unions requested with a united voice that the proposed amendments to the Employment Equity Act be withdrawn. The trade unions also suggested that the wording be modified to provide employers with the option of selecting national, provincial or regional demographics at their discretion.
The group includes amongst others Khulile Nkushubana, General Secretary of CONSAWU, Envor Barros, General Secretary of the National Certificated Fishing and Allied Workers Union (NCFAWU), René Govender of the Professional Educators Union, Nora Juries who represents domestic and farm workers, Flip Buys, General Secretary of Solidarity, Mervin Wessels, chairperson of the South African Tourism and Tourist Guide Allied Workers Union and Rodney Damon, General Secretary of the Builders Workers Union.
The current wording of the proposed amendment act determines without a doubt that the national demographics of the economically active population (EAP) must be used when affirmative action is applied. The implication is that amongst others, approximately one million economically active coloureds in the Western Cape and an estimated 300 000 economically active Indians in KwaZulu-Natal are overrepresented.
The explanations put forward by President Zuma are insufficient. The amendment act needs to be modified. If a judge has to deliver a verdict, he will look at the specific wording of the act. This is common practice when laws are interpreted. Seeing that the amendment act has not been withdrawn yet and the amendments as they are currently formulated are being defended, the true meaning of the act is being questioned.
The debate on the role of coloureds in the Western Cape and Indians in KwaZulu-Natal creates a great deal of uncertainty among workers. There will only be certainty when the Department of Labour withdraws the proposed amendments.
The group of trade union leaders wrote letters to the parliament, the National Economic Development and Labour Council (Nedlac) and the Department of Labour respectively.
The group requests in these letters that the focus of affirmative action be shifted from an outcomes-based approach of racial targets to an input-based approach of training and development.
A new amendment act based on this approach was also presented by the group. This modified amendment act states that the development of an educated and skilled workforce comprising designated and non-designated citizens is the only way that equal opportunity of a lasting nature and fair treatment in employment can be achieved to the benefit of all South Africans.
The new amendment act also proposes that skills development plans should be used as instruments of affirmative action.
Various political parties, including the ANC, DA, COPE, ID, IFP, Freedom Front Plus and the ACDP have been asked to support the modified amendments and to present it to parliament.
The trade union leaders emphasised that they have only one interest and that is to protect workers. It is not their aim or intention to favour any political party.
Statement issued by Dirk Hermann, Deputy General Secretary of Solidarity, March 9 2011
Click here to sign up to receive our free daily headline email newsletter
