PRESS RELEASE 

25 March 2025

DEPARTMENT OF EMPLOYMENT AND LABOUR (DoEL)

RACE QUOTAS

NEASA THREATENS URGENT LEGAL ACTION

Department of Employment and Labour (DoEL) officials confirmed that the Minister plans on publishing final race-based numerical sectoral targets by the end of March 2025.

The Department’s initial plan was to publish final targets and regulations on 1 January 2025. However, NEASA repeatedly warned the Minister that she was not empowered to do so, as section 15A, which provides for the Minister’s power to consult with economic industries and set targets, only became operational on 1 January 2025, which means that all of the Minister’s actions preceding all previous regulations and targets, were irregular and unlawful.

Consequent to NEASA’s warnings, the Minister did not publish any regulations or targets on 1 January 2025, but instead sent out invitations to all economic sectors and industries, inviting them to ‘consultations’ on newly proposed targets, all in an attempt to correct the previous administratively unlawful acts of the DoEL.

These so-called ‘consultations’ did not in any manner fix the previous mistakes made by the Minister or the DoEL. On the contrary, it merely added weight to the irregularities performed.

The consultations were an absolute sham with regard to both procedure and substance. The consultations, with 18 different sectors, including all of their many subsectors, were held over 7 working days, each within a timeframe of approximately 90 minutes.

Stakeholders were not provided with any information regarding how the targets were set, or what data was utilised to inform the setting of the targets. The targets were only provided to employers and stakeholders, those who received them, the evening prior to the consultations. During the ‘consultations’, the DoEL merely presented the sectors with their relevant targets, and informed employers of when the targets will be implemented.

No meaningful debate, discussion, consultation or interaction took place during these meetings, and the majority of stakeholders could not raise any concerns or ask any questions due to the time constraints. DoEL officials were hostile in their treatment of stakeholders who demanded more information on how the targets were decided upon and how they are to practically achieve the clearly unattainable targets.

NEASA has therefore written to the Minister and the DoEL once again sternly warning that if any racial numerical sectoral targets, or regulations, are published in terms of section 15A, NEASA will take immediate and urgent legal action.

ISSUED BY

Gerhard Papenfus

Chief Executive (NEASA)

MEDIA CONTACT

Chanté Dean

Media Liaison (NEASA)

072 618 5912

media@neasa.co.za