Trade union Solidarity argued that government’s April publication of employment equity regulations and sectoral targets contradicted a 2023 settlement between the two parties, as it failed to acknowledge the need for a nuanced approach to implementing affirmative action (AA).

Solidarity announced on Thursday that it had filed an urgent complaint with a UN agency regarding South African government’s breach of the terms of its agreement with Solidarity on race laws, calling on the International Labour Organisation (ILO) to urgently intervene in the “racial abuses” in South Africa.

The settlement, ratified by a court order in 2023, agrees that AA must be applied in a nuanced way, that no absolute barrier to employment may be imposed on persons from any group and no terminations of employment may be effected as a consequence of AA.

Solidarity argues that the provisions of this agreement are not reflected in the regulations published by the Department of Employment and Labour in the April Government Gazette.

Solidarity’s deputy chief executive Anton van der Bijl said Solidarity had already charged Minister of Employment and Labour Nomakhosazana Meth with contempt of court in relation to the court order, saying it would now also request intervention from the ILO to ensure that the settlement was honoured.

He described government’s move with the gazette as “reprehensible”, accusing it of abusing human rights.

“…now, even expecting the government to respect signed international treaties, and the settlements concluded under them, is too much to ask,” he said.

Van der Bijl noted that this urgent complaint marked the next step in Solidarity’s campaign against what it called “the race madness of the South African government”.

Solidarity recently announced the establishment of a R7-million legal fund aimed at intensifying pressure – both locally and internationally – to bring an end to the race laws and quotas that it believes are “bringing South Africa and all South Africans to their knees”.

Van der Bijl said this move was especially important as South Africa prepared to host the G20 Summit in November.