9 August 1999
Chairperson of the Commission
Director General
Invited guests
Friends
Today, August 9th, throughout our country we are celebrating and commemorating National Women’s Day. This day has been declared a public holiday so that we can pay tribute to the contribution that the women of this country have made to our struggle for democracy and equality.
It is no coincidence that we chose this day to put into law the Chapter of the Employment Equity Act that prohibits discrimination in the workplace. We did so deliberately so that today and in the years to come we can focus attention on the position of women in the workplace.
We should use this day to evaluate the position of women in the workplace, praise ourselves on our achievements and recommit ourselves to the advancement of women in the world of work and indeed in every sphere of life in our country.
But as we commemorate National Women’s Day today, many have correctly posed the question: should we as a nation not hang our heads in shame at the violence and abuse, the carnage and battery still perpetrated daily against women and children; at the statistics which show that every six days in South Africa a woman is murdered by her partner; or that, if current trends continue, up to half of South Africa’s women will be raped in their lifetime?
The Gender Commission and others have thus dedicated Women’s Week to mourning. Mourning the victims of this violence and mourning the Aids catastrophe underpinned by continued gender inequalities in our country. This brings to mind one of the slogans in the battle against apartheid – Mobilise don’t Mourn – which saw every sector of our people united against a common evil.
It is this unity of purpose and determination that we must recall as we together with hundreds of thousands across the country today, rededicate ourselves to eliminate violence against women and pledge to spare no effort in the struggle for gender equity.
When the women of South Africa marched to the seat of apartheid power, the Union Buildings, in 1956, they sang this song to the prime minister at the time: You have tampered with the women. You have struck a grinding stone. Wathint’ Abafazi, Wathint’ Imbokotho, Uzakufa!
To the women workers and other potential workers of South Africa, I would like to say to you today: the Department of Labour is giving you another grinding stone, another powerful tool, which you have helped forge, to take further your struggle for equality and the right not to be prejudiced because you are a woman. We are giving you the Employment Equity Act.
Chairperson, the issues of discrimination continue to pervade our society. On the 29th of July, I was reading the Pretoria News. On page two, the Minister of Safety and Security, Steve Tshwete, is reported as saying at the opening of a function to launch an affirmative action programme in the police force that "South Africans had not yet arrived at the South Africa they had been dreaming about – where men and women were treated equally".
He went on: "We do not only want to see leaders emerging from the male section. We want to see women being given positions in the command structures".
I turned the page, and the following sentence caught my attention: "It must rank as one of the greatest foot-in-mouth remarks on air – a well-known Cape Town broadcaster’s dig at Britain’s Northern Ireland Secretary Mo Mowlam for wearing a headscarf and looking like a ‘charwoman’. In fact, Ms Mowlan was undergoing treatment for cancer and had been covering her head to conceal hair loss."
The story goes on to say that the broadcaster denied that his comment was sexist and insensitive. But if you listen to what he actually said, what would you say? This is what he said: "How that woman ever held down a post, God alone knows. She looks like a charwoman, but anyway, you know, I’m sure she’s a nice lady"?
I wonder if anybody would have said that about a male Minister: "How that man ever held down a post, God alone knows. He looks like a cleaner, but anyway, you know he’s a nice gentleman".
On the opposite page, there is an account of the Afrikanerbond meeting addressed by President Mbeki and where the president was lauded for saying: "Afrikaners are Africans". The journalist says that the audience was amused by the thought that a ‘good Afrikaner’ and a ‘good comrade’ could work together as, for once, they both have the same goal.
When we took the Employment Equity Bill to Parliament the Democratic Party told us that we were reintroducing racial classification. No, in fact we are, as President Mbeki did in his address that night, acknowledging that our society bears the wounds and scars of the past and that we need to address and heal these rather than deny that they continue to exist.
For taking this stand, the Pretoria News congratulated the President in its editorial: "Aangename kennis, Mnr Mbeki" read the headline.
I turned from page 5 to page 7, and one of the headings on this page reads: "Allow women in court". Women should be free to become traditional court councillors or presiding adjudicators, the South African Law Commission has recommended".
I was surprised to read that in some workplaces, since traditional courts are nevertheless still workplaces, women are prohibited by law.
And, finally, I went to the Business Report section where the main story addressed the impact of the HIV epidemic on the labour market.
Chairperson, reading all these stories reaffirmed the significant contribution this new Employment Equity Act can make to our country, our economy, the emancipation of women and our new struggle against the HIV epidemic.
Let me look at some of these issues in turn.
What contribution will the Employment Equity Act make to our country?
The legacy of discrimination has left behind tremendous inequality which reveals itself in the labour market through such traits as the distribution of jobs, occupations and incomes mainly affecting black people, women and people with disabilities.
Our society has been riddled by social practices which perpetuate discrimination in employment against these major sections of our society, as well as by factors outside the labour market such as education, housing, medical care and transport.
In our view these inequalities cannot be remedied simply by eliminating discrimination. Policies, programmes and positive action designed to redress the imbalances of the past are therefore needed.
The Constitution of South Africa guarantees to everyone the fundamental right of equality. It also recognises that measures to ensure freedom from discrimination are necessary to remedy the inequalities that have defined our society.
The elimination of unfair discrimination and the adoption of positive measures to redress social imbalances are important components of this process and thus the Employment Equity Act is a necessary step towards the achievement of our Constitutional goals.
The Employment Equity Act has been enacted to promote the constitutional right of equality and the exercise of true democracy. This is the mission which has been entrusted to us as government by the masses of our people, to build a South Africa with a diverse and representative workforce. We have been charged with a responsibility to abolish discrimination in the workplace. With this legislation we hereby discharge that command from the people of our country.
What contribution will the Employment Equity Act make to our economy?
Ladies and gentlemen, I am of the firm view that this Act makes good sense for the economy.
Racial discrimination in education and access to employment, coupled with the constant denial of opportunities to black women and people with disabilities, has led to the very poor overall skills levels to be found in the South African labour market.
The under-utilisation of certain groups, including women and people with disabilities, in the workplace contributes to job dissatisfaction resulting in excessive rates of absenteeism, employee turnover and grievances, which in turn leads to lower productivity.
The changing demands of the labour market require employees to be multi-skilled, to adapt to change and to take on more accountability and responsibility. Logically the upgrading of skills, improving access to jobs and occupations, training and promotion opportunities advances all members of the workforce and makes is possible for them to achieve maximum productivity and efficiency.
Given the present climate of turbulence, increased competition and pressure for productivity, the need for a more strategically managed human resource development process is essential.
The most important characteristic of business performance is management ability to transform the company and to adapt to the rapidly changing environment. Employment Equity is not about sophisticated or expensive programmes. It is as much about changing the culture of business as it is about the design of new procedures, skills and tools of management. It is our view therefore that if the company provides an environment for personal growth, it will grow itself.
Diversity encourages all individuals to contribute to the success of the business. Through a diverse work force, creativity and innovation at the workplace will be enhanced. There will be greater teamwork and respect for all employees. The result will be improvement in morale and commitment from staff.
This is the opportunity that the Employment Equity Act creates for enterprises and employers.
Let me now turn to the contribution that the Employment Equity Act will make to the struggle of women for equality.
It was not a co-incidence that South African women have been in the forefront of campaigns against the pass laws, Bantu education, high rent and high bus fares. Our struggle has produced gallant and defiant fighters. These torchbearers of our struggle stood in front of police vehicles and refused to betray the cause of the struggle. They were subjected to the most extreme forms of humiliation and repression.
Today we are celebrating in a democratic society the victory that came as a result of their selfless contribution to the struggle.
However, the struggle for the emancipation of women is far from over. It will need a new breed of fighters who have to pick up the spear from those titans of our struggle like Lilian Ngoyi, Dorothy Nyembe, Helen Joseph, Francis Baard, Dora Tamana, Florence Mkhize and many other unsung heroines.
And what will be their challenge? According to a report on a survey released recently by the Gender Commission, most companies preferred employing men to women because of racism, lack of gender policy, lack of trust in women, cultural views and resistance by male employees.
The survey found that in most cases, twice as many male managers and three times as many male artisans are employed. It was further reported that there are six times as many male machinists or assembly workers as there are women in these categories.
The present work environment was also cited as not being conducive to recruiting or promoting women in certain jobs.
It is a worrying factor to observe that in most companies the income for men and women still differs, although they do the same job. In very many companies, all managers, supervisors and team leaders are still men.
The ideology of male superiority is a system of beliefs that is integrated into our daily lives and all institutions of society. It sets a standard, a male standard, which becomes the yardstick with which women are judged when women enter male-dominated posts. They are set up for failure, blamed for any failures and through this process the myth that women are failures and that males are superior is reinforced.
In addition to the above stereotypes, race and class have compounded the inequalities suffered by black, working class and rural women. Black women from the rural areas suffer the most extreme forms of poverty and are least likely to find formal sector employment.
As I mentioned earlier, the Employment Equity Act is a tool to ensure the upward mobility of women in the labour market and to break the glass ceiling that has prevented women from growing and having the same access to job opportunities as their male counterparts.
It will assist women to change stereotypes and transform the workplace. Companies must not only ask women to come on board; they must break down the barriers to make it possible for women to come on board.
The Employment Equity Act will also provide a remedy to women who are sexually harassed at work or are denied benefits and opportunities on the basis of them being pregnant or having family responsibilities.
The Act also makes a specific contribution to our Government’s commitment to address the situation of people with disabilities.
The Employment Equity Act provides redress for people with disabilities who are unfairly discriminated against. Furthermore, employers are required to consider making structural changes or introducing technical aids to facilitate the employment of people with disabilities.
One of the Codes that the Department and Commission for Employment Equity are prioritising relates to the management of disability in the workplace. The Code will endeavour to provide best practice guidelines on how to apply the Act and ensure the implementation of positive measures for the employment and advancement of people with disabilities.
Finally, I would like to refer to the contribution that the Act makes to the HIV/AIDS campaign.
We have added "HIV status" to the grounds of discrimination that were initially listed in the Constitution. We are saying loudly and clearly, and for the first time in a South African statute, that it is unlawful to discriminate against a worker on the grounds of his or her HIV status. And we are saying that it is unlawful to test an employee or a job applicant unless the Labour Court grants permission.
Workers who are HIV positive are no different from people who are HIV negative. A person with HIV can remain healthy and without symptoms for a number of years. The average life expectancy of a person with HIV in South Africa is 10 years.
In the vast majority of occupations and workplaces there is no danger of occasional transmission of HIV. Even in the health care environment, studies have shown there is minimal possibility of HIV transmission.
Furthermore, testing for HIV will not minimise the impact of HIV/AIDS on any workplace. An employee may test negative on employment and may become infected once in employment. Pre-employment testing would only be logical if it were accompanied by mass testing of all staff on a regular basis and the automatic termination of service of any employee who tests positive. This would be costly, inappropriate and unconstitutional.
Therefore, my call to employers is not to seek to avoid the HIV epidemic and its impact on the workplace. Do not seek to exclude HIV positive people from your workplace. Become a partner in the struggle to overcome this epidemic.
Rather set up a workplace programme to sensitise employees about the dangers of the disease and offer counseling and support to those who are HIV positive. This is what the Act supports and enables.
This brings me to the critical issue of that which is required to ensure the successful implementation of the Act. As government we have in place the operational model and systems to ensure this. The training of Department of Labour and CCMA staff is underway. A publicity campaign to ensure that both workers and employers understand the law has been launched.
The development of Codes, guidelines and regulations to assist employers and employees to draft equity plans, do workplace analyses and report to the Department of Labour next year is at an advanced stage.
However, the successful implementation of this Act which we all agree is a necessity, will depend not on government alone but on the actions of all social partners in every workplace across our economy. The responsibility rests with all of us. It will depend on employers using the opportunities provided by the Act and on workers and others’ ability to utilise the provisions of the Act. Hence our call: Get the Employment Equity Act working for you! Lead by knowing the law!
Chairperson, before I conclude, I would like to thank all those individuals and organisations who made valuable contributions to ensure that this day has become a reality. In particular I would like to thank the various task teams, forums and individuals that helped us draft the Act and are now assisting us to implement the Act. I would also like to thank the USAID and ILO for their generous assistance and technical cooperation.
Last but not least, I would like to take this opportunity to extend a warm welcome to the members of the Commission for Employment Equity to the Department of Labour family. Your role, which is to advise myself as the Minister of Labour on the various Codes and regulations required for the implementation of the Act, is a critical one. The priorities in this regard are the Codes on the drafting of Employment Equity Plans, the development of appropriate employment equity policies and practices and on how to manage disability in the workplace. I have no doubt that the time and energy that you will give to your new task and the sacrifices you will endure, will be worth it. You will be making a unique contribution to the successful implementation of this groundbreaking Act – groundbreaking in South Africa and internationally.
I thank you.