By Johnathan Paoli
Afrikaans trade union Solidarity has filed an urgent complaint with the International Labour Organisation on the government allegedly breaching the terms of a race law settlement agreement reached in 2023.
Solidarity deputy chief executive Anton van der Bijl accused the Labour and Employment Department of acting in bad faith.
“Our authorities always have a lot to say about the abuse of human rights while they themselves are guilty of it. Now, even expecting the government to respect signed international treaties, and the settlements concluded under them, is too much to ask. We call on the ILO to urgently intervene in the racial abuses taking place in South Africa,” Van der Bijl said on Thursday.
Solidarity, known for its legal activism around employment equity and affirmative action, claims that the government’s recent publication of employment equity regulations and sectoral targets, gazetted in April, violates the 2023 agreement.
The original settlement, mediated by the ILO and subsequently ratified by the South African courts in October 2023, required a more balanced, multi-dimensional approach to affirmative action.
Solidarity said that key to that agreement was the recognition that race should not be the sole criterion for employment decisions.
The settlement also stipulated that no retrenchments should occur as a result of affirmative action measures, and that factors such as qualifications, experience, regional demographics and socio-economic background must be taken into account in equity planning.
The new regulations, which outline sector-specific racial targets for employers with more than 50 employees, have sparked controversy since their publication.
The union argues that these targets effectively amount to quotas and can force companies to retrench employees or block promotions based on race alone.
This dispute adds further legal complexity to the government’s equity drive.
Solidarity has already filed a contempt of court application against Labour Minister Nomakhosazana Meth, alleging that her actions violate the court order that formalised the ILO-mediated settlement.
The union now hopes the ILO will also take decisive action.
The ILO, headquartered in Geneva, plays a central role in promoting international labour standards, including non-discrimination in employment.
South Africa, as a signatory to various ILO conventions, is expected to honour both the spirit and the letter of such agreements.
Solidarity has also launched a R7 million legal fund to support what it describes as a broader campaign against the “race madness” of current government policy.
The fund will finance both local court challenges and international advocacy efforts.
The union stressed that the timing of the complaint might cause discomfort for the South African government, which was preparing to host the G20 Summit in November.
With the global spotlight turning to the country, Solidarity believes now is the time to increase pressure for a policy shift.
The Labour and Employment Department is holding a press conference on Friday on various issues facing the sector.
Officials have previously defended the employment equity regulations as essential tools to correct the deep racial inequalities entrenched by apartheid.
INSIDE POLITICS