Racial Hiring Quotas: NEASA and Sakeliga to launch urgent court action.

RACIAL HIRING QUOTAS

NEASA and Sakeliga to launch urgent court action

(Click here for the Afrikaans version of this press release)

The National Employers’ Association of South Africa (NEASA) and Sakeliga regard the Employment Equity Amendment Act (EEAA) and the regulations as unconstitutional, unlawful, and harmful. We will collaborate to oppose the government’s racial hiring quotas.

Yesterday, on 15 April 2025, the Department of Employment and Labour published the Employment Equity general administrative regulations, as well as the sectoral numerical targets. 

This, despite repeated warnings not to proceed therewith.

During a special meeting this morning the two organisations agreed that we:

1. will launch immediate joint legal action, including seeking an interdict against the operation of the regulations, targets and/or the act; and

2. will continue to oppose the EEAA and the hiring quotas until they are reversed or otherwise rendered null and void.

Unconstitutional, impossible, and harmful

We believe that what the EEAA and regulations demand is unconstitutional, impossible, and harmful. The sectoral targets constitute strict hiring quotas, based on race and other demographic ratios, which the state seeks to enforce under penalty of 10% of turnover.

The state is acting unconstitutionally, because it makes totalitarian infringements on the freedom of businesses, owners, and employees to freely associate and trade. Under the guise of ‘transformation’, the EEAA insists on a stifling stagnation – that first all commercial activity and later, by implication, social activity should be conducted strictly in specified racial and other demographic ratios.

The state is requiring the impossible, because it demands employment practices contrary to the reality of vast variations in skills, kinship, language, culture, geography, and just about everything else that has characterised employment throughout history. Never have the employees of all businesses everywhere reflected the same demographic characteristics - it is impossible.

The state is also doing great harm, because it destroys the productive capabilities of the economy and pits sections of society against each other, while empowering the state beyond its proper confines.

Advice to businesses

NEASA and Sakeliga agree that it is important for businesses to obtain proper employment law advice and assistance based on their individual business circumstances. Employers should seek to minimise their legal risks while protecting their businesses, employees, and clients as much as possible in the face of such unconstitutional, unimplementable, and harmful legislation. This requires careful and personalised advice.

NEASA stands ready to assist businesses in protecting the integrity of their business autonomy, their workforce and long-term sustainability, which are threatened by these regulations and targets. 

Sakeliga expresses its confidence in the preparations and approach of NEASA to assist employers affected by the regulations.

For more information

NEASA Media Department

media@neasa.co.za

NEASA ... the only labour law specialist an employer will ever need.