According to the Labour Minister, despite 24 years of the Employment Equity Act, inequality thrives in South African workplaces. Even though the Employment Equity Act (EEA) was enacted more than two decades ago to transform the South African labour market, compliance levels remain lamentably low.
Minister T.W Nxesi emphasised that we must no longer beg if we want genuine change. In 2024, the Government will apply a zero-tolerance policy on designated employers that do not transform and disobey the law. The objectives for the next five years are to clamp down on non-compliance, especially on barrier analysis, EAP target achievement, and transformation. The Department will compel designated employers to become more transparent and apply fair labour and equity practices. Force designated employers to comply and transform by increasing audits, assessments and inspections.
Nxesi said we must push hard for transformation because “if we don’t do it now, the status quo will prevail for the next 100 years.” The Minister said that the government’s ability to help the vulnerable determines society’s success. The government’s sluggishness to transform the country is well known.
Top management positions in 2021-2022,
- White males accounted for 63.2%
- Africans accounted for 17%;
- Indians accounted for 10.9%, and
- Coloureds accounted for 5.9%.
Senior management positions in 2021-2022,
- White males accounted for 51.4%
- Indians accounted for 12.1%,
Whites and Indians are extremely overrepresented among the top and senior managers relative to their Economically Active Population. At the same time, African and Coloured populations are grossly underrepresented whilst foreign nationals remain overrepresented.
The report by CEE reveals that 55.3% of the economically active population were males, while 44.7% were females. According to the 2022 CEE report, barriers at work are not analysed, and affirmative action is not implemented to achieve employment equity. This will be a focal point during 2023. According to Kabinde, in 2021, only 10.8% of employers reported barriers to transformation. Why, then, does the Commission for Conciliation, Mediation, and Arbitration receive numerous pay disputes, especially those related to conciliation?
Between 2019 and June 2020, 4,308 instances of unlawful discrimination were recorded in the transformation sector, she said. Victimisation prevented even more cases from being reported, she said. “Workplace advocates are crucial,” she said.
According to the CEE Chairperson, the Commission believes that the situation of persons with disabilities has not been adequately addressed. The EE Amendment Bill, currently being debated in Parliament and set to become enforced in September 2023, seeks to establish sector-specific employment equity targets. In addition to setting specific EE numerical targets for designated groups, the Minister will be able to regulate the EE sector in consultation with sector stakeholders and on the advice of the Commission for Employment Equity.
Designated employers submitted a total of 27 017 reports in 2021. According to the CEE Report, 1 425 onsite EE inspections relating to DG Reviews, monitoring, and reassessments were conducted.
The Commission for Employment Equity listed its key objectives for the next five years until November 30, 2025, as:
- To mobilise stakeholders for Employment Equity compliance;
- Encourage organisational activists to report non-compliant designated employers.
- The employment equity act’s goal of empowering workers to defend their rights is to be fulfilled.
Find more information on how to implement employment equity in my other articles or visit our website to enrol for the next employment equity training course.
Are you having difficulty with employment equity?
Please don’t hesitate to contact me.
By Stephan du Toit
Senior Advisor Employment Equity.
Website: employmentequity.co.za
eMail: info@employmentequity.co.za
WhatsApp +27825613022
Landline: +27212505007
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