ANC Western Cape cautions against law use
The ANC Western Cape reiterates its support to the recently amended Employment Act. The Act in its current format intends to continue to address the historical injustices of the past and to affirm our historically disadvantaged groups on the basis of race, gender and disability. This amended act gives impetus to both the letter and spirit of the constitution and the court judgements as it relates to the progressive realization of addressing the historical legacy of apartheid in the workplace. The letter and spirit of this act means that Africans, coloureds, Indians, women and the disabled must all benefit from affirmative action.
The ANC Western Cape notes that the draft regulations which have been designed to give impetus to the letter and spirit of the above mentioned amended act is now out for public comment.
The ANC Western Cape says broadly speaking we believe that these regulations do give practical meaning and guidance to the intention, spirit and letter of the constitution and its enabling legislation namely the Employment Equity Act as well as the recent court rulings on its implementation.
However we are deeply concerned with one section of the draft regulations which was recently highlighted in the media, relating to the national and regional demographics for organisations that employ 150 or more employees.
The ANC believes this section in its current draft form, which says that in these organisations national demographics should apply to top, senior and middle management structures, whilst regional demographics may apply in other lower levels, is inconsistent. It is in conflict with the spirit of the Constitution, Employment Equity Act and broader intention of the draft regulations read in its entirety together with court judgements.