SOUTH AFRICA SECURES OVERWHELMING SUPPORT AT ILO COMMITTEE ON APPLICATION OF STANDARDS

South Africa successfully defended its Employment Equity laws before the International Labour Organization (ILO) Committee on the Application of Standards on 03 June 2026, receiving broad backing from ILO member countries and the Workers’ group.

The support followed a case advanced by Business Unity South Africa (BUSA) alleging non-consultation. Member states and workers’ representatives argued that South Africa’s measures are necessary, citing the latest Employment Equity Report statistics which underscore persistent racial and gender disparities in the labour market.

While respecting the ILO’s supervisory processes, the South African delegation expressed serious concern that BUSA is engaging in “forum shopping” attempting to achieve through international mechanisms outcomes that remain under active consideration within national legal systems.

Accordingly, South Africa called for ILO vigilance to prevent the supervisory mechanism from being weaponised by parties seeking to bypass domestic legal processes.

Acknowledging that significant challenges remain in overcoming deeply entrenched inequalities inherited from the past, South Africa fully agreed with the Employers’ position that the elimination of labour market discrimination takes time. The delegation affirmed a step-by-step commitment to seeking equity in the labour market.

Furthermore, South Africa re-emphasised that its sectoral employment equity targets do not constitute rigid racial quotas, nor do they require the appointment or promotion of unqualified persons.

Employers retain the discretion to consider qualifications, skills, experience, operational requirements, and the availability of suitably qualified candidates.

The delegation stressed that South Africa’s approach is embedded in consultation with all labour market, stakeholders employers and employers’ organisations, employees and trade unions, academics, civil society, and the public at large.

The five-year sectoral targets were the product of an extensive consultation process running from 2018 to 2025, when they were published. In a related Employment Equity case decided on 22 May 2026, the Constitutional Court dismissed a challenge to the consultation process, ruling that there had been sufficient consultation to determine the sectoral targets.

South Africa refrained from commenting on elements of its Employment Equity targets that are currently sub judice. The delegation further observed that the ILO is facing difficult financial challenges and expressed the view that this particular case was not necessary. It called on the Committee to use its limited resources for matters where domestic remedies have been exhausted.

As it concluded its appearance, the South African delegation left the Committee with three firm and clear messages:

1. Unwavering commitment to international labour standards – South Africa continues to embrace the full body of ILO Conventions, the Decent Work Agenda, and fundamental principles and rights at work, engaging in good faith with the Committee and the Committee of Experts out of a deep belief in the social justice mission of the ILO.
2. Challenges addressed through law, not retreat – Any gaps between domestic law and international standards, if any, are met with transparent, constitutionally mandated processes: parliamentary scrutiny, social dialogue, public scrutiny, and judicial review. South Africa does not shy away from constructive criticism but asks that its efforts be measured against the living reality of its constitutional democracy.
3. Supremacy of the Constitution and rule of law South Africa will never abandon the supremacy of its Constitution, the expansive institutional infrastructure for ensuring the rule of law and resolving disputes, or its solidarity with the international labour rights community.

For media inquiries, please contact Teboho Thejane, Departmental Spokesperson on:
082 697 0694/ teboho.thejane@labour.gov.za