No country for white men

South Africa’s new Employment Equity Regulations have caused backlash for setting out racial and gender-based numerical targets for businesses, which specifically target white men.

On 15 April 2025, the Department of Employment and Labour (DEL) published the Employment Equity General Administrative Regulations, along with sectoral numerical targets.

The new Section 15A introduces sectoral numerical targets, which are expected to take effect in September 2025.

It established racial and gender-based numerical targets for businesses across four occupational levels within 18 industries in South Africa, to be achieved over the next five years.

Each category includes three percentage targets:

• One for “designated groups” males (non-white).
• One for “designated groups” females (including white females).
• One for “disability only.”

Able-bodied white males are not explicitly mentioned and are considered the remaining percentage after the designated groups are accounted for.

Simply put, opponents say the new Employment Equity regulations aim to benefit all racial and gender groups, excluding white males.

The regulations have drawn sharp criticism from political parties and civil activist groups, arguing that they are constitutionally invalid and abuse state power.

The DA has launched a constitutional challenge against the new laws, specifically against Section 15a of the Employment Equity Amendment Act.

“Section 15a violates Section 9 of the Constitution, which guarantees equality before the law and prohibits unfair discrimination,” said the DA.

“A law that forces employers to fire or refuse to hire people based on race, whether they are black, coloured, Indian, or white, is not redress. It is unconstitutional discrimination.”

One of the most significant additions was empowering the Minister of Employment and Labour to set specific sectoral employment targets for designated employers to follow.

“The Minister’s powers under Section 15a are vague, unchecked, and dangerously broad,” added the opposition party.

“The so-called ‘targets’ are not guidelines—they are binding quotas, enforceable under the threat of penalties of up to 10% of a company’s turnover.”

Sakeliga and NEASA jointly filed an urgent application against the regulations

Two of the most vocal critics of South Africa’s new Employment Equity Regulations are Sakeliga and the National Employers’ Association of South Africa (NEASA).

On 8 July 2025, Sakeliga and NEASA filed an urgent application for an interdict against the implementation of the 2025 Employment Equity sectoral numerical quotas.

It is also fighting against the accompanying administrative regulations, and is asking for judicial review and setting aside thereof.

The application challenges the legality and constitutionality of the newly introduced employment equity framework.

The legal challenge comprises two parts:

• The first is a judicial review of the procedural acts of the Minister in setting the quotas, which were fraught with irregularities and inadequacies in process.

• The second part entails a constitutional challenge of the substance of relevant sections in the Employment Equity Act (EEA), which allow for and facilitate the setting and enforcement of these quotas.

In the founding affidavit, Sakeliga and NEASA argue that the Minister did not act in accordance with the Promotion of Administrative Justice Act (PAJA).

“She failed to adhere to Section 15A of the EEA before the setting and publishing of the 2025 sectoral numerical quotas. This renders her actions unlawful and invalid,” they said.

Sakeliga and NEASA added that there are glaring procedural and substantive flaws in the Minister’s process.

They include failure to identify and gazette economic sectors, improper consultation, no lawful publication, arbitrary quotas, and no socio-economic impact assessment.

Like the DA, Sakeliga and NEASA argue that the quotas disregard South Africa’s constitutional stipulations on non-racialism, equality before the law, and administrative justice.

Sectoral targets for able-bodied white employees