Mr M H Hoosen (ID) to ask the President of the Republic:
Whether the Government supports the use of national demographics as the determining factor for affirmative action, irrespective of the demographics of a particular province or region; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
South Africa has emerged from a history of racial oppression and exclusion.
Given the need to ensure inclusive and sustainable economic growth and development as well as social cohesion, the democratic government continues to promote employment equity and diversity in the South African workplace.
This is the reason why amongst our statutes we have the Employment Equity Act, of 1998.
The law states that in determining whether an employer is implementing employment equity in compliance with this Act, the Director-General or any person or body applying this Act must amongst other factors, take into account the "demographic profile of the national and regional economically active population (EAP)”.
The proposed amendments contained in the Draft amendment Bill currently being negotiated at NEDLAC, seeks to achieve a number of objectives.
Amongst these, it is to ensure that all designated employers report on progress in implementing their Employment Equity Plan on an annual basis.
Another is to promote more effective compliance and enforcement.
It also seeks to make the assessment of compliance less cumbersome and, where relevant, to make the assessment of equitable representation to be in relation to occupational levels and not categories.
Government will work very closely with the State Law Advisors to make sure that the final Employment Equity Amendment Act is in compliance with the South African Constitution before it is signed into law.
It is important to note that the proposed changes to the law, in the Employment Equity Amendment Bill, refer to the "demographic profile of the economically active population”.
The amendment removes both 'regional' and 'national'.
As stated recently, the reason for the removal of the two elements is that employers have been enquiring over the years from the Department of Labour how they should implement both regional and national demographics of the economically active population in their workplaces.
As a result of these enquiries, the change is being proposed.
The intended outcome of the new proposed amendment is that the employers will have the flexibility to decide whether to use regional or national demographics depending on their operations.
We reiterate our assertion that these changes do not in any way negatively affect the employment opportunities for the Coloured or Indian population.
In fact, the law will make it easier for employers to comply with the law and create more job opportunities for all the designated groups.
It is intended to open more job opportunities.
Source: The Presidency
