Solidarity takes first formal steps against Bidvest racial programme

Solidarity today began taking formal steps to stop Bidvest’s bursary programme, which excludes white children in the low-income category. In a letter to Bidvest, Solidarity demands that Bidvest amend the programme before July 25 so that no employee is excluded from the programme.

Bidvest has a bursary programme for school-going children from Grade 4 to Grade 12. Full-time employees can apply for the programme if they earn less than R15 300 per month before deductions. The bursary covers school fees, stationery from Waltons, school uniforms, and assistance with extra classes. However, white employees who also fall below this threshold are excluded.

In the letter, Dr Dirk Hermann, CEO of Solidarity, says that the programme is morally unjust and does not comply with constitutional international requirements and the Employment Equity Act.

Solidarity writes that employee benefits in low-income categories cannot be allocated according to race.

“A white employee earning less than R15 300 has precisely the same challenges with their children as a black employee. Both incomes create huge challenges in creating excellent educational opportunities for their children. What Bidvest is doing for black children is noble, but what they are doing to white children is racist,” says Hermann.

According to Solidarity’s letter, the Bidvest programme does not meet legal requirements. The letter says that Bidvest attempts to defend this on the basis of black empowerment, but the programme is an employee benefit programme.

“Employee benefits cannot be allocated according to race. There cannot be an absolute barrier for certain employees based on race. Neither the Labour Relations Act nor the Employment Equity Act provides for employees to receive different benefits according to race,” Hermann argues.

According to Solidarity, absolute exclusion based on race of those who earn a low income, with a direct impact on their children, would be a breach of the constitutional right stating that one should not be unfairly discriminated against.

“Bidvest’s actions do not meet any requirement for fairness. The programme goes beyond the constitutional intent of any empowerment law. The intent could never have been to discriminate against children of parents who earn a low income,” says Hermann.

Solidarity also writes that the programme is a violation of international conventions. Various United Nations resolutions and reports prohibit rigid racial quotas.

Hermann further says: “The United Nations also recommends that remedial programmes should be class-based. A case where a low-income threshold is used is ideal for an approach based on class or needs. White employees would be a small minority in this specific class. Including them would be morally right and within the law.”

Solidarity trusts that Bidvest will rectify the discriminatory programme before 25 July, but will announce further steps if Bidvest continues with the programme.

See Solidarity’s legal letter of demand attached here.