BUSA challenges employment equity targets in Johannesburg Labour Court

The employment equity sector targets which came into effect on 1 September are facing yet another legal challenge.

Business Unity South Africa (BUSA) on Monday launched a case in the Johannesburg Labour Court arguing the determination of the employment equity targets has been rushed and the process has been irregular.

In August, the Guteng High court dismissed an application from the National Employers’ Association of South Africa and Sakeliga to stop the implementation of the targets.

In May, the Democratic Alliance (DA) also challenged the quotas, arguing they would destroy jobs and violate constitutional rights.

BUSA says while it’s not opposed to the Employment Equity Amendment Act under which the targets are set, nor the principle of setting targets, it wants the court to set them aside to allow for proper consultation and for evidence-based determinations to be made.

Under the Employment Equity Amendment Act, the labour minister is given powers to set numerical targets for designated groups in 18 sectors.

But BUSA CEO Khulekani Mathe has cautioned that compliance may be both impractical and unenforceable.

"Our concern lies with the manner in which these targets were developed and imposed. Our concerns are simple. Employers from vital sectors were given almost no time to respond. No clear methodology was shared, no sector-specific analysis was done."

Mathe said the targets don’t align with existing BBBEE quotas and a one size fits all approach can not be adopted across different industries and sectors.

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