Please find attached English soundbite by Michael Bagraim MP, isiZulu soundbite by Mzamo Billy MP and isiNdebele soundbite by Thamsanqa Mabhena MP.
The Democratic Alliance will oppose the latest Employment Equity Code of Good Practice to protect jobs, promote economic growth and prevent further burdens on businesses. The DA has submitted comments opposing the Draft Amended Code and urges South Africans to do the same before public comments close around 20 September.
We are fundamentally opposed to these over-prescriptive, job-destroying policies. Meaningful transformation is best achieved through economic growth and expanded employment opportunities, rather than rigid regulatory requirements that destroy jobs.
A key concern is the implementation of Section 15A of the Employment Equity Act, which we are currently challenging in court. In our formal submission, we made it clear that the Code should be considered only once the courts have determined the constitutionality of Section 15A.
Section 15A breaches Section 9 of the Constitution, which guarantees equality before the law and prohibits unfair discrimination. A law that forces employers to hire or fire based on race is not redress; it is unconstitutional discrimination. Plain and simple.
The Minister’s powers under Section 15A are vague, unchecked and dangerously broad. The so-called “targets” are not guidelines; they are binding quotas, enforceable under threat of penalties of up to 10% of a company’s turnover. The provision replaces context-sensitive, employer-driven equity plans with inflexible, government-imposed sectoral targets which we argue violate the Constitution.
Beyond the legal challenge, the Code’s operational framework is disastrous for businesses and jobs. It compels employers to set annual targets based on a predetermined demographic formula, ignoring economic realities, skills shortages and the inherent requirements of specific jobs. Hiring should be driven by merit, competence and business needs, not the colour of a person’s skin.
We are particularly concerned about the compliance pressure this Code will place on Small and Medium-sized Enterprises. It forces businesses to divert valuable time and resources away from core operations and job creation towards complex compliance reporting. This red tape acts as a barrier to entry and growth.
The DA is determined to make it easier, not harder, for businesses to operate and grow.
These technical issues have a deeply personal human side. Millions of South Africans wake up each day searching for work, worried about keeping the lights on and putting food on the table. With unemployment at 33.6%, we must change the economic picture.
To restore human dignity, we must create an economy where more South Africans can find a job, build a future and achieve real freedom.