‘Sweeping regulations’ on race policies published


Employers’ racial policies may change dramatically after a settlement between Solidarity and the government as draft regulations in the government Gazette has been published. Stakeholders now have 90 days to comment on the regulations.

The settlement in June last year follows a complaint that Solidarity made to the United Nations’ International Labor Organization.

The settlement and regulations stipulate, among other things, the following:

  • No one may be fired on the basis of race or because of racial policies.
  • Companies’ race plans should be flexible with no absolute ceilings against promotion.
  • Racial policies should be temporary and should focus on correction.
  • Race should not be the only factor when creating race plans.
  • The pool of available skills in a specific occupation must be taken into account.

RNews reported in October that the agreement between Solidarity and the government was made an order of the court in the labor court in Johannesburg. The court order mandated the publication of the regulations.

According to dr. Dirk Hermann, managing director of Solidarity, the regulations will profoundly change companies’ race policies if they are finally published.

“Solidarity will not hesitate to take employers who do not comply with the settlement terms to court. The settlement states that employers’ race policies must be flexible and take into account its own circumstances. “

Solidarity will soon provide full comments on the other draft regulations that have been published. However, the other regulations must be seen within the limitations of the settlement.

The concerned government Gazette can be viewed here.