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More criticism arises for the 2014 Employment Equity Act draft regulations

by , 20 March 2014
Opposition is growing towards the recently published Employment Equity Act draft regulations. The Cape Chamber of Commerce and Industry as well as opposition parties have added their voice. And it's getting pretty nasty. Continue reading to find out why they believe these regulations are problematic and why you need to know about it...

Why the Cape Chamber of Commerce and Industry is criticising the Employment Equity Act draft regulations

According to Eye Witness News, the Cape Chamber of Commerce and Industry has slammed new draft regulations relating to the Employment Equity Act.

This because, says the chamber's Janine Mybergh, it believes business will be hurt by the draft regulations.

'Business in the Cape will be forced to impose this system of unfair discrimination on their staff, if they have to implement the new draft regulations in terms of the Employment Equity Act.'

The Cape Chamber of Commerce and Industry has gone as far as writing to the Minister of Labour for intervention. Mybergh says they've indicated in their letter that when a national figure is used, there's a massive prejudice against coloured people in the Western Cape.

But what's the problem here?


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What's all the noise about the Employment Equity Act draft regulations really about?

Most experts and groups opposed to the draft regulations seem to have a problem with the following clause:

The draft regulations state that companies that employ more than 150 people would have to use the 'national economically active population' demographics for three upper levels (top and senior management and professionally qualified). And an average of national and regional demographics for the three lower levels (skilled, semi-skilled and unskilled technical) as a guide when determining targets.

Companies that employ less than 150 people would have to use the 'national economically active population' demographics for two upper levels and an average of national and the regional demographic for four lower levels.

Critics believe some groups will be disadvantaged when it comes to job opportunities if national demographics are used.

Opposition parties share the same sentiments as the Cape Chamber of Commerce and Industry. They're concerned about the constitutionality of the regulations.

Legal Brief reports that the parties are particularly concerned about the impact of this (the use of national demographics) on the coloured communities of the Western and Northern Cape, Indians in KZN, and the Afrikaner communities.

Opposition parties say the Employment Equity Act draft regulations violate the constitution!

In the report on Legal Brief, COPE president and leader Mosiuoa Lekota says 'it's the most blatant Group Areas Act under a democratic constitution, and that must be rejected with the contempt it deserves. Whether it applies to any group of the population, you cannot do something like that under this constitution.'

Corne Mulder, of the FF Plus, says that: 'Out there, there is at the moment a huge outcry, reacting to this. A number of petitions are being sent around, it terms of people opposing this and people will make certain representations.'

You may recall, that on Monday we reported that the Democratic alliance is considering a legal challenge to the Employment Equity Act draft regulations.

Considering the amount of criticism regarding the Employment Equity Act draft regulations, it's safe to say this issue is far from over and government will have to react. We'll keep you updated on all the new developments.



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