Latest news with #Nalane
Eyewitness News
06-05-2025
- Business
- Eyewitness News
Sectoral targets flexible and not the same as setting quotas
CAPE TOWN - Employment and Labour Minister Nomakhosazana Meth told the North Gauteng High Court that the sectoral targets she's set were not response to the Democratic Alliance (DA) challenging a section of the Employment Equity Amendment Act that gives her the power to set these targets, the minister said that these targets were flexible and were not the same as setting court heard that these targets are intended to give effect to affirmative action and not to cause anyone to lose their jobs, as argued by the DA. ALSO READ:• DA argues Parly erred in processing of Employment Equity Amendment Act • DA argues that employment targets set by labour minister could lead to employers firing employees who don't meet quotas The minister of employment and labour said that just because the act gave her the power to set sectoral targets, doesn't make them targets were only published in the government gazette on 15 April, two years after the DA launched this case against the amendment act, which is not yet in both the minister and the Commission for Employment Equity, Advocate Fana Nalane argued that the DA was conflating the legislation with the numerical targets set."The concept of setting targets or goals is not by and of itself repugnant. And you can't say because the minister can set targets, therefore that is unconstitutional."Nalane further argued that the setting of targets was not arbitrary and the minister does so in consultation with the affected added that sanctions for non-compliance of equity targets were also not new to the employment space."The mere fact that there's a sanction doesn't create a quota. The sanction has always been there, and there's never been any complaint about that." Nalane told the court that contrary to the DA's argument, the sectoral targets were not a one-size-fits-all approach.
IOL News
06-05-2025
- Business
- IOL News
High Court reserves judgment in DA's battle against Employment Equity Amendment Act
The Pretoria High Court has reserved judgment on the DA's case against the Employment Equity Act. The Pretoria High Court has reserved judgment in the Democratic Alliance's (DA) challenge to the Employment Equity Amendment Act. A ruling will be delivered at a later date. The matter was heard on Tuesday, with the DA arguing that the recent amendments are unconstitutional and violate the principle of equality before the law. The government is opposing the application. Advocate Ismail Jamie SC, representing the DA, told the court that the previous version of the Employment Equity Act achieved an appropriate balance between transformation and fairness. He noted that it prohibited quotas, allowed for flexibility, and enabled employers to set targets based on their specific operational needs. Jamie contended that the introduction of demographic targets amounts to unfair discrimination, particularly against coloured and Indian communities in provinces such as the Western Cape and KwaZulu-Natal, where these groups comprise a significant share of the population. The DA is challenging Section 15A of the amended Act, which mandates the equitable representation of suitably qualified individuals from designated groups across all occupational levels. This section empowers the Minister of Employment and Labour, Nomakhosazana Meth, to set binding numerical targets for designated employers within specific sectors. Minister Meth, the Commission for Employment Equity, the Speaker of the National Assembly, and the Chairperson of the National Council of Provinces are all opposing the application. Advocate Fana Nalane SC, representing the Minister and Parliament, assured the court that the amendments would not negatively affect employment or the economy. He rejected the DA's assertion that the law promotes racial bias over merit. 'We say no, that is not correct. In the first place, it doesn't refer to quotas,' said Nalane. 'We will also argue that there is no violation of the principle, as the Act introduces a significant role for the minister.' Nalane maintained that the Act grants the minister the authority to implement numerical equity targets tailored to the specific needs of different sectors to promote transformation. The African National Congress (ANC) has also criticised the DA for challenging the legislation in court. IOL Politics
