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NEASA warns Labour Minister in anticipation of "Race-Quotas"
NEASA warns Labour Minister in anticipation of
"Race-Quotas"
Dear employer
On 28 November 2024, the Department of Employment and Labour (DoEL) proclaimed the implementation date of the Employment Equity Amendment Act (EEAA) as 1 January 2025.
Although the National Employers’ Association of South Africa (NEASA) plans to challenge the constitutionality of certain provisions of the EEAA itself, it is pleased that the DoEL ostensibly heeded NEASA’s stern warnings and refrained from also implementing the draft regulations and racial sectoral targets.
Since the EEAA’s signing in April 2023, NEASA wrote to both the former Minister Thulas Nxesi and his successor, Minister Nomakhosazana Meth, warning them that Government does not have the power to consult on, draft or enact any regulations until the EEAA has been officially implemented.
According to NEASA, all of the consultations and public participation processes regarding the draft regulations and racial sectoral targets were unlawful and irregular, as the EEAA, which empowers the DoEL to do so, had not yet been implemented.
Should the DoEL want to implement any of the current draft regulations or targets, as drafted and consulted on prior to 1 January 2025, NEASA will apply to the High Court to legally interdict such irregular and unlawful act by the DoEL.
NEASA remains unequivocally opposed to any legislation which forces an employer to appoint employees on any other basis than merit. NEASA will, in the face of these looming race-based targets, continue to advocate for the freedom of employers to run their businesses as they see fit, without undue state interference.
For more information
NEASA Media Department
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