Gayton McKenzie
By Thabo Mosia
Gayton McKenzie, the Minister of Sports, Arts and Culture, has defended a contentious job advertisement issued by his department. The advert, which lists a preference for “colored males, Indian males, white males, colored females, and Indian females” for the role of Parliamentary and Cabinet Support Officer, has sparked accusations of racial discrimination and questions about compliance with South Africa’s Employment Equity Act. McKenzie, however, stands firm, stating on social media: “Employment Equity, are you saying that you have never heard of it? We are making sure all races are represented, nothing really here to be alarmed about. Salute.”
The Job Advert That Started It All
The Department of Sports, Arts and Culture recently advertised a vacancy for a Parliamentary and Cabinet Support Officer, a position offering an all-inclusive salary package of R849,429 per annum. The role requires a matric certificate (Grade 12), a relevant three-year degree or national diploma in fields like public relations or administration, and 3 to 5 years of experience in parliamentary processes. Beyond these standard qualifications, the advert included a striking note: “Preference will be given to colored males, Indian males, white males, colored females, and Indian females.”
This explicit racial and gender preference immediately caught the public’s eye, leading to widespread discussion on platforms like X and YouTube. Critics pointed out that the advert appeared to exclude black Africans—both male and female—raising concerns about fairness in a country still grappling with the legacy of apartheid. The controversy gained further traction when Zizipho Lubelwana, host of the Simple Politics podcast on YouTube, dissected the issue in a recent episode, amplifying the debate.
McKenzie’s Response: A Bold Defence
Facing mounting criticism, McKenzie took to X to address the backlash. His response was characteristically direct: “Employment Equity, are you saying that you have never heard of it? We are making sure all races are represented, nothing really here to be alarmed about. Salute.” The minister’s use of “salute”—a signature phrase he’s repeated in Parliament and public statements—added a casual tone to an otherwise serious defence.
McKenzie’s argument hinges on the Employment Equity Act (EEA), a cornerstone of South Africa’s labour laws designed to promote fair representation in the workplace. He suggests that the department’s hiring criteria are a legitimate effort to balance racial demographics within the workforce, aligning with the Act’s objectives. But is this truly a straightforward application of Employment Equity, or has the department crossed a line? To answer this, we need to dive into the legal framework and the broader context.
What Is Employment Equity in South Africa?
The Employment Equity Act of 1998 is a critical piece of legislation in post-apartheid South Africa, aimed at redressing historical inequalities in employment. Born out of the need to dismantle the systemic exclusion of black South Africans, women, and people with disabilities under apartheid, the EEA mandates employers to ensure equitable representation across all occupational levels. Its key objectives include:
• Promoting Equal Opportunity: Eliminating unfair discrimination in hiring and promotion.
• Implementing Affirmative Action: Taking proactive steps to increase the representation of “designated groups.”Who Are the Designated Groups?
Under the EEA, “designated groups” are defined as:
• Black people (including Africans, Coloureds, and Indians).
• Women (of all races).
• People with disabilities.White men, unless they have disabilities, are not considered part of these designated groups. This distinction is rooted in the Act’s focus on uplifting those historically disadvantaged by apartheid’s racial policies. Employers, including government departments, must submit Employment Equity plans with numerical targets reflecting the demographic makeup of South Africa’s economically active population.
South Africa’s Demographic Context
According to Statistics South Africa (Stats SA), the country’s population is approximately:
• 80.9% African
• 8.8% Coloured
• 7.8% White
• 2.5% Indian/AsianThese figures guide Employment Equity targets, but the Act also allows flexibility based on the specific sector or region. For instance, a department might adjust its targets if certain groups are overrepresented or underrepresented in its workforce.
The Controversy: A Closer Look at the Advert
The job advert’s preference list—colored males, Indian males, white males, colored females, and Indian females—raises several questions when viewed through the lens of Employment Equity:
1. Inclusion of White Males: White men are not typically part of the designated groups unless they have disabilities, yet the advert prioritises them without mentioning disability as a criterion. This has puzzled observers, as it seems to deviate from the EEA’s focus on historically disadvantaged groups.
2. Exclusion of Black Africans: The omission of African males and females from the preference list has fuelled accusations of discrimination. Given that Africans make up the majority of South Africa’s population, their apparent exclusion appears counterintuitive to the spirit of redress.
3. Public Perception: By explicitly stating racial preferences in the advert, rather than applying them discreetly during the selection process, the department has invited scrutiny and debate.Zizipho Lubelwana, in her podcast, initially expressed confusion about the advert’s intent. “At first, I thought they were only looking for males,” she said, before noting the broader preference list. She questioned whether the requirements—focused on qualifications and experience—justify racial specificity, urging a deeper discussion beyond emotional reactions.
Public Reaction: A Nation Divided
The advert has sparked a firestorm of opinions, reflecting South Africa’s complex relationship with race and equity. Social media platforms, particularly X, and Lubelwana’s podcast comments section have become battlegrounds for competing views.
Voices of Support
• Diversity Argument: Some defend the advert as a necessary step to diversify a potentially homogenous workforce. One X user wrote, “There’s absolutely nothing wrong here. South Africa belongs to everyone who lives in it. If your department is 99% black, other races must also be given an opportunity.” McKenzie retweeted this, amplifying its reach.
• Equity Compliance: Others argue that the department is simply following Employment Equity ratios. A commenter on Lubelwana’s podcast noted, “Employers are required to complete their EE ratios and submit them. If this is part of EE, why the noise?”Voices of Criticism
• Merit Over Race: Critics insist that hiring should prioritise skills, not skin colour. “This is fundamentally wrong,” one X user stated. “It should be about the best person. Your thinking is the reason why South Africa is a failure.”
• Legal Concerns: Several commenters flagged the advert’s wording as potentially illegal. “It is totally wrong and dangerous to state a race in an advert,” one said. “Educate yourself or get your department sued for discrimination.”
• Political Motives: Given McKenzie’s leadership of the Patriotic Alliance—a party with strong support among Coloured communities—some speculate that the preference for Coloured candidates reflects his political agenda rather than legal compliance.Lubelwana herself leaned toward a balanced view, suggesting that while McKenzie might know who he wants to hire, stating it in the advert was a misstep. “You don’t have to tell the world who you’re looking for,” she said, echoing sentiments that discretion could have avoided this uproar.
Legal Experts Weigh In
To shed light on the advert’s legality, we consulted labour law experts and reviewed relevant precedents.
Compliance with the Employment Equity Act
Advocate Thandi Ngcobo, a labour law specialist based in Johannesburg, explained that while the EEA permits affirmative action, it must be applied carefully. “The Act allows preferences for designated groups to meet equity targets, but it doesn’t support excluding entire groups outright,” she said. “By listing specific races in the advert, the department risks creating a perception of unfair discrimination, even if the intent was to balance demographics.”
Ngcobo noted that best practice is to advertise positions openly, stating only that “preference may be given to candidates from designated groups in line with our Employment Equity plan.” Racial specifics, she argued, should emerge during shortlisting, not in the advert itself.
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