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Any labour lawyers care to comment on The Employment Equity Amendment Act?

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The Employment Equity Amendment Act was published on the 16th of January 2014 in Government Gazette 37238. The effective date is 1 August 2014.

In the act the following are defined as “designated groups”:

‘designated groups’ means black people, women and people with disabilities who –
(a) are citizens of the Republic of South Africa by birth or descent; or
(b) became citizens of the Republic of South Africa by naturalisation –
(i) before 27 April 1994; or
(ii) after 26 April 1994 and who would have been entitled to acquire citizenship by
naturalisation prior to that date but who were precluded by apartheid policies.

Does the above mean that Coloured, Indian, Chinese and White Males are NOT a designated group OR does it exclude everyone who is Coloured, Indian, Chinese or White Male and/or Female?

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.

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Comments

  1. Only in South Africa are the majority protected at the expense of the minority. What is going to happen when all the skilled educated whites leave? Who will pay the taxes? Who will have the knowledge to keep the country running? Or is the whole idea to run the country into the ground so that the majority can go back and live in the bush? That is where this country is going at the moment.
    If this was in any other civilized society, the minority would be afforded protection and not blatantly discriminated against by creating laws which are contradictory to our constitution. Please – all those who want to go back to being bush dwellers, take your mangy dogs and leopard skins and bugger off before it is too late for those that want a country that can work together.

  2. Johan Botes, Director, Employment practice, Cliffe Dekker Hofmeyr says:

    “Black people” is defined in section 1 of the EEA as “… a generic term which means Africans, Coloureds and Indians”. Thus, people included in the designated groups defined in the EEA are all black people, as defined in the EEA (African, Coloured and Indian people – male or female), woman (as black woman are already included in the definition, this reference thus includes women who are not black, e.g. white women), and people with disabilities (of all races and genders).