The Commission for Gender Equality (CGE) has conducted Employment Equity Public Hearings in Bloemfontein on 27 and 28 February 2013, in terms of its Constitutional and legal mandate. The purpose of this exercise was to ascertain the level of compliance by selected public entities and private corporations with provisions of the Employment Equity Act 55 of 1998, applicable to the promotion of gender equality.
Entities and corporations which appeared before the CGE included the following:
(i) Department of Education
(ii) Department of Economic Development and Tourism
(iii) Department of Public Works
(iv) Department of Human Settlements
(v) Mangaung Metro Municipality
(vi) Airports Company of South Africa
(vii) Sedibeng Water
(viii) Free State Development Corporation
(ix) Bruniquel and Associates
In respect of the entities which appeared before the CGE it was found that there was a lack of commitment towards transforming the workplace and the achievement of gender equality. Critical issues of concern that emerged included a failure on the part of entities to conduct Section 19 ( of the Employment Equity Act ) analyses, an inability to develop a sexual harassment policy at departmental level and poor representation of disabled employees. A recurring challenge faced by all entities was their inability to increase the representation of women at senior and top management level.
A grave concern of the CGE is the preliminary finding of a possible link between the absence of a sexual harassment policy in the workplace and the level of sexual harassment cases that are being reported in such circumstances.
Although the rate of transformation in the workplace is not encouraging in the Free State, the CGE believes that the Premier’s State of the Province Address delivered on 21 February 2013 wherein he makes a commitment towards creating an inclusive environment for growth and development, indicates a political will aimed at achieving transformation in the workplace. Accordingly, the CGE has promised to provide expert support and guidance in instances where it required such as the Department of Education.
Regarding the “no show” by entities such as the Department of Public Works as well as Bruniquel and Associates the CGE will exercise its powers to subpoena such entities and still hold them accountable to their constitutional obligations in a subsequent round of public hearings. These entities must not believe that they have escaped accountability. Instead they will face rigorous scrutiny following a High Court subpoena which is being prepared.
