SA Government and Solidarity Trade Union Settlement Agreement is within the framework of the Constitution and the Employment Equity Act – Minister T.W. Nxesi
The South African Government and the Solidarity Trade Union have both reached an “amicable” Settlement Agreement on the Employment Equity (EE) and Affirmative Action (AA) matter in the midst of all the negative publicity.
Employment and Labour Minister, Mr T.W. Nxesi, said the signing of the Settlement Agreement with the Solidarity Trade Union today (28 June 2023), is a pinnacle in the history of social dialogue and employment equity not only in this country, but also globally, where the Government and the workers’ organisation / trade union with opposing policy views are able to reach an amicable settlement.
“It is important to highlight that Solidarity Trade Union has been critical of how Employment Equity (EE) and Affirmative Action (AA) is implement since the inception of the Employment Equity Act of 1998 (EEA). May I add that a number of their court cases, including those in the Constitutional Court, contributed to Case Law on EE and Affirmative Action in South Africa.
“Most importantly, the content and substance of the Settlement Agreement is within the framework of the Constitution and the Employment Equity Act, which serves as a catalyst towards building confidence in the policy interventions of Government to transform the labour market and create a sustainable and inclusive economy for the betterment of all,” said Minister Nxesi.
The Minister said this Settlement Agreement is critical to demystify and discredit the negative perceptions created maliciously in the media on the current EE Amendments, Affirmative Action, including the sector EE target regulations published for public comment.
“This Settlement Agreement comes in the midst of all the negative publicity, some Court cases and protests in vulnerable communities due to malicious and irresponsible incitement of racial divisions by opposition parties,” said Minister Nxesi.
The Minister added that this was a ground-breaking Settlement Agreement that carries material benefits at various strategic levels.
“It will be the first time since the International Labour Organisation (ILO) introduced the National Mediation approach that an ILO member state has successfully mediated a labour dispute and reached a settlement without outside intervention. From what I hear, South Africa, is the first ILO member state to demonstrate the significant role that social dialogue can fulfil in the promotion of social justice,” said the Minister.
Minister Nxesi has again emphasised the fact that, the EEA and other labour laws do not require employers to dismiss or terminate employment of any employees irrespective of their race, to make space for the implementation of EE Amendments and sector EE targets, including Affirmative Action in their workplace.
“As we celebrate the signing of this Settlement Agreement, what matters most is that it should lead to real change; more responsible behaviour from companies; and more thoughtful EE planning and implementation. EE and Affirmative Action seeks to ensure the maximum participation of every citizen in the economy of the country, which is inclusive of the African, Coloured, Indian and White population groups.
“Above all, I urge all employers to embrace EE and commit to ensure that all the people of our country in their diverse races and cultures, have equal access to employment opportunities and are treated fairly without any form of unfair discrimination in the various workplaces of this country,” said Minister Nxesi.
The Settlement Agreement was reached through the Commission for Conciliation, Mediation and Arbitration (CCMA) facilitation.
For more information, contact:
Teboho Thejane
Departmental Spokesperson
082 697 0694
Email: Teboho.thejane@labour.gov.za
