Labour Minister Membathisi Mdladlana said on Wednesday his department would intensify the implementation of the Employment Equity Act (EEA) during 2003.
In a statement, Mdladlana also warned political detractors that their claims that the recent Labour Court ruling on the implementation of Affirmative Action policies in the South African Police Services was a defeat for the government were irresponsible and likely to fuel tension.
He emphasised that the judgement contained nothing new in relation to either the principles or the manner in which affirmative action policies were to be interpreted in law.
The case in question is that of 10 members of the South African Police Services (SAPS) who alleged unfair discrimination arising out of their non- promotion to captain because the posts had been reserved for people of designated groups. The court had ruled on the case last year and earlier in the week Judge Landsman refused SAPS leave to appeal against the ruling.
“The decision in the initial case highlights the importance that employers, whether government, private or non-governmental organisations, have properly designed affirmative action plans and that a haphazard or random approach is in many instances counter-productive,” Mdladlana said.
He added that the point that had been missed by the trade union Solidarity was that the EEA was not about numbers or targets, but that it was an enabling piece of legislation that encouraged workplace dialogue through forums and the like to achieve demographically representative workplaces.
“It needs to be emphasised, that EEA is a sound piece of legislation aimed at contributing to the development of an equitable society, rectify past discrimination and create a skilled, balanced and an economically active population.”
Mdladlana added that he stood by the legislation, and gave the assurance that this year the Department of Labour would intensify its implementation. Employment Equity was an area the inspectors would focus on when they conducted inspections.
“Furthermore, during the course of 2003 the Commission for Employment Equity will produce a Code for Good Practice on Recruitment Practices, which together with this court ruling and the law will provide further guidance on the implementation of the Act,” he said. – I-Net Bridge