Minister Meth Defends Employment Equity Amendments Amid DA’s Legal Challenge

Minister Nomakhosazana Meth has condemned the Democratic Alliance’s (DA) constitutional challenge to the amended Employment Equity Act as a regressive move aimed at preserving apartheid-era workplace imbalances. The Minister argues the DA’s stance undermines transformation and fairness in the labour market.

On Monday, Employment and Labour Minister Nomakhosazana Meth responded strongly to the DA’s decision to mount a legal challenge against key provisions of the Employment Equity Amendment Act 4 of 2022. The DA has taken issue with sections of the Act that empower the Minister to set sector-specific numerical targets to promote equitable representation of historically disadvantaged groups in all occupational levels.

The DA’s court action asserts that these provisions, particularly section 15A, are unconstitutional and infringe on business autonomy and merit-based hiring. The party contends that allowing the Minister to determine numerical equity targets amounts to government overreach and risks undermining the principles of competitiveness and fairness in hiring practices.

Minister Meth’s Rebuttal: Transformation Under Threat

In her public statement, Minister Meth described the DA’s legal bid as “a clear attempt to halt transformation in the workplace and preserve historical inequalities.” She stressed that the amended Act is not about enforcing rigid racial quotas but rather about enabling flexible, sector-sensitive targets that guide equitable representation without imposing unrealistic expectations on employers.

“The DA's challenge seeks to disrupt efforts aimed at achieving equitable representation and maintaining the inherently unfair status quo,” said Meth. “By opposing these amendments, the DA is actively sabotaging the transformation goals that have been pursued since the end of the apartheid era.”

Meth further argued that this legal challenge undermines the work done since democracy to create inclusive labour systems. She emphasized that the aim of the Act is to address longstanding disparities and promote fairness, not to impose blanket requirements.

Flexible Targets, Not Rigid Quotas

The Employment Equity Amendment Act, which came into effect in 2023, allows the Minister of Employment and Labour—guided by consultation with affected sectors and the Commission for Employment Equity—to set numerical targets for equitable representation. This approach is a shift from strict quotas to a more adaptable system that accommodates the realities of different industries.

Designated employers are required to develop employment equity plans that align with the sectoral targets. However, the Act allows room for explanation and flexibility. Employers can submit reasons for not meeting targets, provided these reasons are based on legitimate business or operational considerations.

This element, Meth explained, clearly differentiates the Act from unconstitutional quota systems. “Unlike rigid mandatory quotas, which must be achieved at all costs, the Amendment Act introduces flexible employment equity targets,” she noted.

Legal and Constitutional Considerations

The DA’s legal argument rests on the interpretation that section 15A of the amended Act allows for potentially discriminatory practices and violates constitutional rights. However, Meth counters that these measures are consistent with the purpose and provisions of the Employment Equity Act as a whole, particularly section 2, which outlines the objective of eliminating unfair discrimination and promoting equity in the workplace.

She added that the sectoral target-setting process involves thorough consultation and advice from the Commission for Employment Equity, ensuring that the Minister’s decisions are not arbitrary or one-sided. “The implementation of these measures cannot legally constitute unfair discrimination,” Meth concluded.

A Broader Battle Over Equity and Inclusion

The clash between the DA and the Employment and Labour Ministry represents a broader ideological divide in South African politics regarding transformation and redress. While the DA maintains a position advocating for race-neutral policies and business-friendly reforms, the government and other stakeholders argue that proactive intervention remains essential to rectify the deep-rooted inequalities caused by decades of institutionalized discrimination.

Minister Meth has reaffirmed her department’s commitment to transformation and equity. She urged stakeholders to resist narratives that frame corrective measures as discriminatory and instead support policies that foster a fairer, more inclusive economy.

The Road Ahead

As the legal challenge unfolds in the courts, its outcome could have significant implications for South Africa’s transformation agenda and the future of employment equity in the country. Should the courts side with the DA, it may curtail the government’s ability to enforce sector-specific targets. On the other hand, upholding the amendment could reinforce the state’s role in steering the country toward greater equality in the workplace.

Stakeholders across sectors are closely monitoring the developments, recognizing that this is not merely a legal dispute, but a decisive moment in the country's journey toward social and economic justice.