Employment and Labour Minister Nomakhosazana Meth has sharply criticised the Democratic Alliance (DA) for challenging transformative amendments to the Employment Equity Act, accusing the opposition party of attempting to preserve systemic inequalities.
DA Federal Council Chairperson Helen Zille, is expected to present arguments in court on Tuesday to block the Employment Equity Amendment Act of 2022, which empowers the minister to set sector-specific racial representation targets.
Zille claims the law violates constitutional fairness standards by enabling “totalitarian social engineering,” while Meth insists the reforms are critical to dismantling apartheid-era workplace disparities.
The DA argues the amendments impose de facto racial quotas, reducing individuals to “statistics” and risking exclusion based on geography or skin colour.
Zille emphasised that while Section 9.2 of the Constitution permits affirmative action, “draconian” fines and criminal penalties for non-compliance overstep constitutional boundaries.
“This isn’t about targets—it’s about enabling ministerial quotas, which courts have already deemed unconstitutional,” she said, warning the policy could exacerbate unemployment, now at 11.1 million on the expanded definition.
Minister Meth countered that the DA challenge undermines decades of progress toward equitable workplace representation.
“These amendments are flexible targets, not rigid quotas,” she clarified, noting employers set their own annual goals aligned with sector benchmarks.
The law, she argued, ensures consultation with industries and oversight by the Employment Equity Commission to prevent arbitrary decisions.
Meth accused the DA of “sabotaging transformation” and clinging to a status quo that perpetuates economic exclusion for Black South Africans.
The DA also contests the legal basis of the amendments, claiming they were incorrectly classified under Section 75 of the Constitution instead of Section 76, which requires provincial input for nationally impactful laws.
Economically, the party warns the reforms will deter investment, citing employer complaints about “social engineering” barriers.
Zille stressed the DA supports growth-driven redress: “real empowerment means jobs, not exclusionary policies that shrink opportunities.”
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