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The battle continues in opposing NMB racial and gender employment targets

By

Dear Editor

The DA’s decade long stance against the Nelson Mandela Bay Municipality’s use of racial and gender targets to exclude candidates when shortlisting for employment positions takes place, is now being vindicated.

Since this practice began the DA has been fighting against it because it is unfair, unjust and unlawful. We have used every tool available, including motions, questions, media statements, protests, legal opinions, and preparation for court action.

On Friday 15 November 2024, I tabled yet another motion to Council requiring the shortlisting process to change. I quoted the Employment Equity Code of Good Practice, and, very importantly, I was able to reference two recent court cases (The Magistrates Commission and Others v Richard John Lawrence (Supreme Court of Appeal) and Solidarity v Eskom Holdings (Labour Court of SA, Cape Town)) in which the DA’s point of view was upheld. In both of these court cases, the judgments held that the exclusion of candidates, based on racial equity targets, at the shortlisting stage of recruitment, constitutes an absolute barrier to employment, is unlawful, and must cease.

The municipality’s Director of Labour Relations responded before debate on the motion opened, and stated that the municipality has accepted that they have no option but to change their approach.

The debate amongst councillors then focused on exactly when equity targets should be considered, if it cannot be at the beginning of the recruitment and selection process. Two worrying possibilities emerged:

  • the prejudice and unfairness potential inherent in the Employment Equity will simply be moved to later in the process, and
  • the officials undertook to make the changes next year, after a workshop is held.

Both are unacceptable. The promised workshop can take place, but it cannot have prejudice as an outcome. The DA will apply the same vigour going forward to ensure fairness and justice in the recruitment process, and, always, the appointment of the most fit-for-purpose candidate for every job.

The residents of Nelson Mandela Bay deserve nothing less. It is worth noting that the DA has been the only party fighting this issue in this municipality. We will not give up until justice prevails.

Regards

Cllr Annette Lovemore
DA NMB Spokesperson for Corporate Services

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