Trade union Solidarity is calling on all employers to remove race-based requirements from job advertisements, arguing that “immoral, race-based legislation has no place in the workplace”.
While South African law prohibits racial discrimination in employment, it simultaneously mandates affirmative action to ensure the representation of designated groups such as black people, women and people with disabilities.
The government utilises race-based legislation, such as broad-based black economic empowerment (B-BBEE), as a mechanism for redress.
However, Solidarity CEO Dirk Hermann highlighted that there is no law that obligates companies to include specific racial requirements within job descriptions. Instead, he argues, these are often self-imposed practices.
“There is no law that compels companies to include race requirements in advertisements,” he said.
“Unfortunately some employers have a misconception in this regard. There is also no law preventing employers from appointing the best candidate based on merit. On the contrary, even existing race-based legislation prohibits absolute exclusions based on race.”
The organisation believes that removing race requirements from job postings is a simple yet meaningful step toward systemic change. The union noted that many employers feel pressured to include these criteria out of fear or habit, rather than legal necessity.
Hermann urged business owners to break this cycle.
“We do not have to wait,” he said. “Ninety percent of employers are likely frustrated with race-based legislation, yet many continue to sustain it themselves. It is time for employers to start dismantling the system that is suffocating them.”
Solidarity and other organisations like the Institute of Race Relations (IRR) and the DA, have been challenging these regulations in court. While acknowledging that legal processes can be lengthy, Solidarity said it will intensify its efforts this year to “free South Africa from race-driven practices in the workplace.
“Employers can start today by not voluntarily imposing race requirements where it is not necessary. They are not obliged to do so. The starting point is simple: remove race from advertisements and focus on merit.”
If this shift affects a company’s demographic targets, they should report it as such, Hermann added. “The government will then have to explain why appointing the best candidate would be considered wrong. This will further expose the moral bankruptcy of the current system.”
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