As South Africa’s unemployment crisis continues to deepen, Minister of Employment and Labour Nomakhosazana Meth has reiterated that no South African may be excluded from employment on the basis of age, warning that such practices are unlawful.
Her remarks come amid growing frustration among job seekers who say employment opportunities increasingly favour younger applicants, leaving older workers sidelined in an already strained labour market.
South Africa has one of the highest unemployment rates globally. According to Statistics South Africa, the overall unemployment rate stands at 33.2%, while youth unemployment has climbed to 46.1%, intensifying competition for limited job opportunities across all age groups.
Parliamentary Question Raises Age Discrimination Concerns
Meth was responding to a parliamentary question from uMkhonto weSizwe (MK) Party MP Hazel Ntombenhle Mbele, who raised concerns that citizens aged between 34 and 50 were being excluded from employment opportunities.
Addressing Parliament, Meth said any such exclusion would be in direct violation of South Africa’s labour laws.
“It is important to note that there is no law that permits the exclusion of any person from employment on the basis of age,” Meth said.
She cited section 6(1) of the Employment Equity Act, No. 55 of 1998, which explicitly prohibits unfair discrimination — whether direct or indirect — on listed grounds, including age.
“Any practice by an employer that excludes, or disadvantages work-seekers aged between 34 and 50 would therefore be in contravention of the Act,” she said.
Legal Remedies Available to Affected Job Seekers
The minister urged individuals who believe they have been unfairly discriminated against to pursue legal remedies.
“Any person who believes they have been unfairly discriminated against on the basis of age may refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) or, where applicable, to the Labour Court,” Meth said.
Her comments come at a time when complaints about age limits in job advertisements and recruitment processes are increasingly surfacing, particularly on social media and community platforms.
Youth Employment Programmes Must Still Follow the Law
Meth acknowledged that both government and the private sector have introduced youth-focused employment programmes to respond to alarmingly high youth unemployment levels. However, she cautioned that these initiatives cannot be used to justify discrimination against older job seekers.
“While employers may, in certain programmes or initiatives, prioritise the employment of youth to help address high levels of youth unemployment across different sectors in the labour market, such measures must be implemented in a manner consistent with the Act,” she said.
“They may not be used to unfairly discriminate nor to exclude individuals such as those between the ages of 34 and 50 from employment opportunities.”
A Growing Tension in a Shrinking Job Market
With job creation struggling to keep pace with population growth, South Africa’s labour market is increasingly characterised by intergenerational tension, as younger and older workers compete for the same limited opportunities.
Labour experts warn that excluding experienced workers could further weaken productivity and skills transfer, while failing to address youth unemployment risks entrenching long-term economic inequality.
For now, Meth’s statement serves as a clear reminder: age-based exclusion is illegal, regardless of how dire the unemployment situation becomes.
