Fairness, Not Force: Rethink the Employment Equity Amendment Act

The Employment Equity Amendment Act, set to take effect on 1 January 2025, introduces sweeping changes to workplace regulations in South Africa, including government-mandated equity targets and compliance certificates for employers. While the Act aims to promote diversity and inclusion, it grants excessive power to the state, limiting businesses’ autonomy to determine their own hiring and operational strategies.

Make your voice heard

Free SA calls for a rethink of the Act to reduce government involvement in labour practices. We believe in fostering diversity through empowerment, education, and voluntary collaboration—not rigid targets and penalties. Let’s create a fair labour market where innovation, not regulation, drives transformation. Join us to advocate for a more free and growth-oriented approach to employment equity in South Africa.

This campaign closed on 31 December 2024.

More about this Act

For many South Africans, the Employment Equity Amendment Act could mean fewer opportunities to shape their own careers or businesses. If you’re a small business owner, you might face extra paperwork and costs to comply with government-set targets that don’t reflect your specific workplace needs. This could limit your ability to hire the best person for the job or take on state contracts without jumping through bureaucratic hoops. For employees, especially those in sectors with rigid quotas, this could lead to workplace tension or even missed opportunities if companies prioritise meeting targets over recognising individual skills and contributions. These changes affect how people work, grow, and innovate—turning what should be a personal journey of professional growth into a box-ticking exercise.

South Africa’s Constitution enshrines the principle of non-racialism—a vision of a society where individuals are judged on merit and character rather than skin colour or ethnicity. This is not only a foundational value but a practical goal for our nation’s prosperity. The new Act risks undermining this principle by entrenching race-based approaches that divide rather than unite. True transformation must focus on creating equal opportunities for all South Africans by removing systemic barriers, not imposing rigid racial targets. A free and inclusive workplace is one where diversity arises naturally through fairness and empowerment, not state coercion.

Key concerns with the Act

  1. Excessive Government Control: Allowing the Minister of Employment and Labour to set numerical targets for industries risks overreach and creates a one-size-fits-all solution that may not suit all sectors.
  2. Barriers to State Contracts: Requiring a certificate of compliance as a prerequisite to work with the government adds unnecessary red tape, limiting opportunities for smaller, emerging businesses.
  3. Impact on Disabled Representation: While expanding the definition of disabilities is positive, the rigid application of sectoral targets will inadvertently marginalize some groups in favour of others.
  4. Economic Stifling: Businesses need flexibility to compete and grow, especially in a challenging economic climate. Prescriptive targets undermine this adaptability, potentially driving investment away.
  5. Undermining Non-Racialism: The Act’s focus on racial categories perpetuates divisions, overlooking the constitutional commitment to non-racialism as the bedrock of our democracy and a unified workforce.

What we’re advocating for

  1. Empowering Employers and Employees: Encourage businesses to adopt voluntary equity measures suited to their specific context, supported by industry guidelines—not mandates.
  2. Incentives Over Mandates: Introduce tax breaks or other incentives for companies that demonstrate meaningful, self-driven progress in diversity and equity that is non-discriminatory.
  3. Focus on Education and Skills Development: Equip South Africans, especially marginalised groups, with the skills and opportunities to thrive in the workplace through better education and training initiatives.
  4. Advancing Non-Racialism: Promote workplace practices that reflect the spirit of non-racialism by valuing merit, skill, and experience, while addressing barriers to entry through fairness and opportunity.

How you can help

  1. Sign the Petition: Add your voice to our call for a rethink of the Employment Equity Amendment Act.
  2. Submit Your Opinion: FREE SA makes it easy to submit comments to Parliament. Your submission is legally recognised and ensures your voice is heard.
  3. Spread the Word: Share this campaign with your network to spark a national conversation about the future of workplace diversity in South Africa.

Fuel the movement. Empower change.

Your contribution ensures that FREE SA can continue to fight for your rights. From public awareness campaigns to legal battles, every rand helps us protect democracy and equality. 

Stay informed. Stay empowered.

Sign up for our newsletter to get the latest campaigns, polls, and updates on our advocacy efforts, sent directly to your inbox.