Current status of employment equity implementation remains in place until a notice to apply new amendments is signed
The current status quo in regard to the implementation of Employment Equity (EE) Act will remain in place until the proclamation date is signed into law to effect the amendments, this was said by Department of Employment and Labour’s Deputy Director for EE, Masilo Lefika.
The EE Amendment Act was assented to by President Cyril Ramaphosa in April 2023. This was followed in May by the release of draft Employment Equity Regulations by Employment and Labour Minister T.W Nxesi - setting out the proposed numerical targets for identified economic sectors.
Addressing the first in a series of Department of Employment and Labour in partnership with the Commission for Conciliation Mediation and Arbitration (CCMA) workshop at Jericho Hotel in Thohoyandou, Limpopo Province Lefika said the Department and the Commission for Employment Equity (CEE) took the initiative to amend the EE Act and set targets following a lack of transformation.
Lefika said the implementation of EE Act has always be self-regulatory, however this has not yielded satisfactorily results. He said 30 years into democracy, 25 years of implementation of EE legislation and 23 years of submission of EE reports the picture is disappointing and concerning.
He said the key objectives of EE Act amendments relate to reducing regulatory burden for small medium and micro enterprises (SMMEs). This, he said means that SMMEs would not necessarily have to submit the EE reports, except for State-Owned Companies (SOCs) even if they employ less than 50 employees. The second key objective, he said relates to empowering Employment and Labour Minister to set sector target to address equity in workplaces and the other objective is to promote Section 53 that provide the issuing of an EE Compliance Certificate - which means that organisations that do business with the State will have to show that they are complying with EE law.
In regard to the Draft EE Regulations 2023 issued on 12 May by Nxesi for public comment Lefika said the Department was busy consolidating public comments and would soon publish in the gazette the final sector targets for implementation after the proclamation date of the commencement of the EE amendments.
The Draft EE Regulations provide guidelines on the setting of the proposed sector EE targets in terms of the amended EE Act. The public was given 30 days to comment.
The Department and CCMA 2023 Employment Equity national workshops are held under the theme: “Real transformation makes business sense”.
The focus of this year’s workshops will be to create awareness on the recently promulgated EE amendments, sector targets and regulations; EE impact in labour market; demonstration of online EE system to incorporate the amendments and generate certificates of compliance; presentation of the CCMA’s case law on EE; reporting on EE and the Commission for Employment Equity (CEE) Annual Report launch outcomes.
The national series workshops/roadshows which started today will end on 29 August 2023.
The remaining July’s programme of workshops is as follows:
Limpopo
- Polokwane (19 July 2023) – (Bolivia Hotel, School Road – Jubilee Creek, bendor)
Northern Cape
- Kimberley (19 July 2023) – (Horseshoe Hotel, 101 Memorial Road, Royldene)
North West
- Lichtenburg (25 July 2023) – (Scotts Manor Guest House – 21 Bree Street, Retiefs Park)
- Rustenburg (26 July 2023) – (Orion Hotel – 115 Hagia Sophia Drive, Kloof)
KwaZulu-Natal
- Pietermaritzburg (25 July 2023) – Ascot Wedding & Conference Venue, 210 Woodhouse Road, Scottsville)
The rest of the workshops with venues to-be-confirmed will be held as follows:
Gauteng
- Pretoria (01 August 2023) - Diep en Die Berg (Pretoria East)
- Johannesburg (02 August 2023)
Mpumalanga
- Witbank (Emalahleni) - (15 August 2023)
- Nelspruit (Mbombela) – (16 August 2023)
Western Cape
- George (15 August 2023)
- Cape Town (16 August 2023)
Eastern Cape
- Gqeberha (22 August 2023)
- East London (23 August 2023)
- Mthatha (24 August 2023)
Free State
- Welkom (22 August 2023)
- Bloemfontein (23 August 2023)
KwaZulu-Natal
- Durban (29 August 2023)
The EE workshops are targeted at Employers or Heads of organisations, Academics, Assigned Senior Managers, Consultative forum members, Human Resource Practitioners, Trade Unions, employees and other interested stakeholders.
The national workshops will be held from 10:00am to 14:00pm covering all provinces and members of the media are invited.
More information on EE workshops will be available on various Department of Employment and Labour’s social media platforms and the Department’s website www.labour.gov.za – which will also provide updates on schedules and venues.
For media enquiries
Teboho Thejane
Departmental Spokesperson
Cell: 082 697 0694
E-mail: Teboho.Thejane@labour.gov.za
