Text of the communiqué by Western Cape Premier Helen Zille to Western Cape government employees on the draft Employment Equity Act regulations, April 2 2014:

Office of the Premier - Western Cape

2 April 2014

Dear Colleagues

WESTERN CAPE GOVERNMENT'S STANCE ON PROPOSED EMPLOYMENT EQUITY REGULATIONS

Over the past weeks you will have noticed the media coverage given to the proposed Employment Equity regulations and their impact on employment. Inevitably, much concern has been expressed by staff in the Western Cape government, in particular the requirement that the top three levels of management (including professional staff) be appointed on the basis of national demographics.

This approach amounts to race-based social engineering, turning race into the primary criterion for promotion and appointment. No matter how hard­ working, committed, qualified and effective an employee is, the prospects of promotion will be determined primarily by race, if these regulations come into force.

For example, it will mean that the top three levels of management, and professionals, will have a limit of 9% of coloured people, even in the Western Cape where they comprise almost 50% of the population. This would mean that we would not be able to promote or appoint people in this "racial category" to senior management positions for at least 15 years. Furthermore, the national department will audit our appointments and impose penalties for non-compliance.

I immediately requested a legal opinion from Senior Counsel and I am now able to inform you that he considers both the regulations, and sections of the principal Act to be unconstitutional.

We have submitted our comments to the national Minister making it clear that we are committed to rational employment equity for all South Africans disadvantaged by apartheid, but will NOT introduce quotas, nor accept the absurd and unconstitutional regulations as currently promulgated.

We will also oppose the imposition of these regulations, and the relevant clauses in the principal Act right to the level of the Constitutional Court if necessary. The full provincial cabinet supports me in this.

There is no need for anxiety on the part of our colleagues, because we will not allow a situation to develop where "demography becomes destiny" for any individual. Commitment, hard-work, ability, experience and qualifications will all continue to be crucial components of our promotion and appointment policies. We are determined to continue our equity policies, but without crude racial engineering, which will merely entrench racial divisions rather than assisting us overcome the dreadful legacy of apartheid.

Signed

PREMIER

(HELEN ZILLE)

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