Foreigners exempt from AA laws

Foreigners exempt from AA laws

2010-06-23 15:12

Parliament - South Africa's affirmative action laws do not apply to foreigners working in the country, Labour Minister Membathisi Mdladlana said on Wednesday.

"Provisions are made in the regulations for employers to record and report on foreign nationals separately, however, they are not targeted for affirmative action," Mdladlana said in reply to a parliamentary question from the Inkatha Freedom Party.

The minister said the Employment Equity Act sought to eliminate discrimination and implement affirmative action measures to ensure the representation of black people, women and people with disabilities.

"The affirmative action part only applies to designated employers and individuals from the designated groups."

Mdladlana was also asked whether it was permissible for an employer to refuse to fill a post if a qualified white candidate had applied but there were no suitable black candidates.

"Where a South African black candidate is not available for a post, and if all things are equal, the South African white candidate should receive preference," he said.

  - Sapa

  • Juan - 2010-06-23 15:19

    This is the best news ever! White people can emgrate to another countr, gain citizenship there and then come back as foreigners!

  • Danwell - 2010-06-23 15:24

    So I have got British Citizenship does this mean AA laws do not apply to me?

  • REVERSE - 2010-06-23 15:25

    AA is outdated and is now basically apartheid in reverse. 15 years after Apartheid AA should be abolished.

  • Don - 2010-06-23 15:30

    @James Ze Germans are a light shade of blue

  • patrick - 2010-06-23 15:31

    AA promotes mediocrity. When you promote mediocrity, you are on a downward spiral. Let me give you an analogy: If you wish to participate as a high-jumper in the Olympics, then you have to be able to clear 1.98m. 1.96m with a sad story will not get you allow participation. That is where the bar is set, end of story!

  • sjm - 2010-06-23 15:31

    So why do we have an overpaid foreign soccer coach for the last 5-6years? There a many qualified coaches in south africa or africa.. I will always remember this minister ranting,raging,demonising and stereotyping chinese south africans and ttreating them like dirt.

  • ben - 2010-06-23 15:32

    Great News ... i have a British Passport ... AA does not apply to me anymore?

  • What the... - 2010-06-23 15:32

    But according to malema... All whites are foreigners. Problems solved. Now the can trash the AA (Apartheid Action) laws. Never liked it.

  • Pangea - 2010-06-23 15:33

    When are these idiots going to realize we work in a international labour market. I wish a black Zimbabwean would take them to coure and claimed they were disadvantaged by the South African government due to its support for Robert Mugabe.

  • blackforeignfemale - 2010-06-23 15:34

    I think it means that the employer cannot get AA points for hiring a black foreigner e.g. a black female who is not S African. So basically all foreigners = white S African males = no points.

  • mike - 2010-06-23 15:35

    It means black people and/or women or people with disabiies from other countries will not get preference only those from S.A will. White foreigners will in no way benefit over white south africans.

  • DeonL - 2010-06-23 15:36

    Bad news for normal white workers, but it will make us work for ourselves and in the end it will make the whites get richer than before!

  • Jason - 2010-06-23 15:36

    So, what you are saying is that a foreigner has more rights then a citizen of South Africa!? This is racism with the intent to hate, you can call it what you want. You brag about forgiveness but your harts are being eating by hate, greed and jealousy.

  • G2 - 2010-06-23 15:37

    Fantastic - so affirmative action is about ensuring equality, but foreigners to not fit the mould - IE, as a white south african male, everyone, everywhere in the world is welcome to take jobs in this country ahead of me - nice to know that my country appreciates me.

  • Louis - 2010-06-23 15:37

    @James...The one eats pretzels, the other one koeksusters.

  • Niki - 2010-06-23 15:39

    Probably intended to keep local employers from employing Zimbabweans and Mozambicans instead of local blacks...

  • Daniel Erasmus - 2010-06-23 15:39

    To hell with you and your BEE mr minister! What about whites born after 1994?? What did they have to do with apartheid? Why shoul a whole nation be discriminated against for the "sins" of their forefathers? When will this BEE rubbish stop, only when the whole infrastructure of RSA has totally collapsed? Already we have skilled shortages because of emigrations! This is blatant racism! You are creating hate amongst certain people for this false democracy we live in.

  • Clive - 2010-06-23 15:40

    Danwell, Ben 1st this is nothing new and has been in the EE legislation from day 1. What it says is that you cannot employ a black African American from the USA and use him to boost your employment equity scorecard performance. As I recall Eskom did employ quite a few people from USA it would be interesting to see how they reported them. Note nothing of course to stop a company seeking out Black South Africans working as expats

  • Charle - 2010-06-23 15:41

    AA infringes on the fundamental right of others to equality and human dignity as enshrined in the Bill of Rights. AA not legal people else where in the world, work to one standard of international law... Equality and Prevention of Unfair Discrimination Act. white, black, pink, etc South Africa needs to wake up..........!!!!!

  • Michael - 2010-06-23 15:41

    How on earth are we ever going to build this country without employing more peole who want to work. AA was created for a reason but has backfired and this law MUST be re-looked at. How many billions have been lost in the country through AA policies. This money could have been used to better the life of the very poor.

  • lol - 2010-06-23 15:42

    LOL, you'll see, everyone thought the white man was holding the black people back, not long now and you will see the black man is also holding the black people back. Absolute Power Corrupts Absolutely. Fate has a cruel sense of irony. And in the end we can only blame ourselves (ROFL)

  • slk - 2010-06-23 15:42

    I think what they trying to say is that you can be a foreigner at any time depending on how the ministers feel when they get up in the morning. Idi Amin woked up one day and demonised indians in Uganda in th 1960's It still happen in the townships where children are taught to demonise races or tribes.

  • South African - 2010-06-23 15:45

    15 years later and we still need to discrimiate..ehem I mean use affirmative action. It is only a matter of time before a young child asks their parent "Wht do black people have to get all the jobs and not white people ? Is it because black people arent clever enough and need help to get the position...or is it because white people arent clever enough and need to be ignored " As a white person I would struggle to give my child an unbiased answer....... If we are all equal then we should all have equal opportunities.... I long for an equal, free South Africa.

  • MG - 2010-06-23 15:52

    How pathetic!!! This is why I have left the country. After 3 more years, I will get british citizenship, then I can return as a foreigner and get a job in South Africa.

  • Ceasar - 2010-06-23 15:53

    Apartheid is not over... Whats the point of ruling with out ownership? You whites still benifit from the family trusts setup by your fathers at my fathers expense... Take BEE to the next level! Expropriate the white wealth a give it to the indigenous!

  • White man - 2010-06-23 15:55

    Hi All, I did my bit in the army not because I wanted to but I didnt want to go to jail. Now I am unemployed for the past 9 years and not stupid but white and 54. Please Mr Zuma or any body out there help me. I got a wife to take care of. please. but I am white.

  • Ingrid - 2010-06-23 15:55

    Let me get this right? A foreigner has more rights in the country that I was born in like the 4 generations before me, because I am white?

  • WTF? - 2010-06-23 15:56


  • Randy - 2010-06-23 15:57

    AA should include qualified black proffesionals from other African counries if and only if, a suitable black candidate is not available within SA.There is a pool of highly skilled black professionals from the African Continent and it's time SA made use of them.

  • Willem - 2010-06-23 16:00

    I see our minister use the word should, while he well knows it does not work like that. Also interesting is the fact the Inkata asked these questions. Ask any employer why they employ Zimbabwians, because the dedicated group has to many rights and want to something for nothing. Look at the strijes we have and you have to employ that.

  • GIDEON - 2010-06-23 16:00

    Eish, the cadres have not thought this one through! So Johnny foreigner now have more freedom than a SA citizen?

  • Hero nakamura - 2010-06-23 16:02

    The Minister was trying to imply that South African companies cannot employ non South African blacks in AA posts

  • alan - 2010-06-23 16:02

    The Minister and his ANC is responsible for racially discriminatory laws on the country's statues. Is it not the same thing as "apartheid" which was declared a crime against humanity? It actually is as white people are also human beings. Something the ANC will always deny. Especially The long serving minister who used to go by the name Shepherd... What a sad and sorry farce seeing and hearing ANC politicos defending the indefensible. No better than the previous racist nationalists.

  • Chappie Abrams - 2010-06-23 16:02

    What a bunch of hypocrates.AA is just another form of racism.

  • Arizona - 2010-06-23 16:05

    Which means that the foreigner can earn a living and get rich in South Africa and South African Citizens must starve. Hell now I know why the Xenophobia Attacks started.

  • BAFANA - Race - 2010-06-23 16:07

    see how well Bafana did with their racist selection process....

  • K - 2010-06-23 16:09

    People have misunderstood what he is saying. "they are not targeted for affirmative action" says it all. ie @blackforeignfemale has it spot on. A foreign national (no matter what colour or gender) counts the same as a white male....a big fat zero.

  • DB - 2010-06-23 16:11

    Hey Genius, What are those unemployment figures doing? Don't worry its easy to do business here and create jobs, no complicated semantic labour laws, just simple hiring and getting the job done.

  • Ha ha - 2010-06-23 16:13

    "the Employment Equity Act sought to eliminate discrimination" What a joke...

  • AA - 2010-06-23 16:18

    Should receive preference, means "use your discretion", if the whites are too many, re-advertise. Btw, Zimbabweans are hard working and diligent. They actually understand that one has to perform to earn their salary. Not like many local civil servants who benefit from AA.

  • @Ceasar - 2010-06-23 16:19

    So basically you are too lazy and/or too stupid to better yourself so you want to sit back and do nothing and for your trouble you want to take what belongs to someone else. Are you so racist that you would rather want everyone sitting with nothing rather than having everyone sitting with something? All because less than 10% of everyone is white?

  • Katie - 2010-06-23 16:20

    @Caesar. And what will the indigenous people do with the white peoples trusts. Will they invest carefully & leave in a trust for their children or will they just waste as usual.

  • BB SUCKS - 2010-06-23 16:20

    SO the one thing as white MALE could still use to get a jobs was his skills that were in demand despite AA cause the company had no choice. However now a company can hire a white male from overseas with the skills and not count against the company. So where is the white south african male supposed to find employment now? Sounds like this is racist law trying to make white males lose there jobs? No point in given the foreigners a jobs instead of locals how does this help the currently advantaged?

  • pissed - 2010-06-23 16:23

    So the government would rather have foreigners take tax money back to their countries than to employ white South Africans and keep the money here. Malema already said that he would rather share the wealth with the Chines than with white South Africans. Who are they going to blame when the country fall apart due to the resource drain? You've guessed it!

  • lAWRENCE - 2010-06-23 16:27

    i do support AA, i mean we africans would have no jobs at all,what l dont understand is, why are white people crying foul? if its in the governments interest to ensure blacks get preference so be it, i mean thats why we voted the government into power. all this apartheid in reverse is hogwash, its an african country and the demographics should prevail as such.

  • 50 CALIBER - 2010-06-23 16:30

    I'm confused. Does AA STAND FOR:- ANC APARTHEID ??????

  • jacon - 2010-06-23 16:34

    What the Minister means is this: 1st preference is a black S/African. 2nd preference is a white S/African. 3rd preference is a white or black foreigner. It all makes perfect sense. I'm a black foreigner who has been in SA for 15 years and have always been told this on my job hunts. What are you guys whining about?

  • Duke - 2010-06-23 16:41

    The last reliable estimate indicates that there are approximately 3.4 million whites left in RSA (7.7m in 1994). Of the 3.4m, the vast majority are either too young or too old to be employed leaving approx 1m employed in the formal sector. When considering that there are 50m people in RSA you have to wonder why is AA is still necessary? There can only be one answer and that is that it MAKES THE ANC LOOK GOOD TO THE MASSES! THE WHITE RACE IS BEING SACRIFICED FOR THE POLITICAL GOOD OF THE ANC. A famous ANC leader once said Let there be justice for all. Let there be peace for all. Let there be work, bread, water and salt for all. Let each know that for each the body, the mind and the soul have been freed to fulfill themselves. Never, never and never again shall it be that this beautiful land will again experience the oppression of one by another and suffer the indignity of being the skunk of the world. Let freedom reign. WHAT A LIE!

  • Bones - 2010-06-23 16:41

    Does this mean that white ex-South African males who hold another nationality now can return and take up positions without fearing the "AA" policies?

  • @Lawrence - 2010-06-23 17:24

    Are you saying that local black people are unable to get or hold jobs based on merit and skill, unlike the whites and foreigners,but need legislation to obtain a job? At this stage the new job market entrants in SA, of all races, have had equal opportunity for education and experience and should be treated equally for job applications. It is way past the time to stop this legalised racist activity. In all countries where AA has been used it was to ensure that the MINORITY get a fair part of the job market. Put that in your pipe and smoke it!

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