Minister of Employment and Labour Thulas Nxesi
Cape Town – The employment and labour portfolio committee has thrown its weight behind the amended Employment Equity Act.
Committee chairperson Lindelwa Dunjwa said on Monday the amendments were a positive step towards ensuring that workplaces reflect national and provincial demographics of the economically active population.
The amended legislation was assented by President Cyril Ramaphosa in April but it has attracted criticism from its opponents who claim it was promoting racial quotas and racially obsessed legislation.
Dunjwa said one of the key amendments in the legislation was empowering Minister of Employment and Labour Thulas Nxesi to set employment equity targets for economic sectors and prescribe demographic targets for employers with more than 50 employees.
“This was a necessary step towards addressing the historical imbalances in the workplace.
“It is important to note that these amendments do not introduce any new legal obligations on employers,” she said.
The Amendment Act seeks to empower the minister to regulate sector employment targets after consultation with sector stakeholders and advice of the Employment Equity Commission.
Companies doing business with the state will be issued with compliance certificates.
Those that employ less than 50 will be exempted with certain administrative processes but will still be expected to eliminate all forms of unfair discrimination in employment policies and practices.
According to Dunjwa, the existing Employment Equity Act already required employers to establish their own employment equity targets by considering both national and provincial demographics as outlined in section 42.
“The sole change brought about by these amendments is that the Minister of Employment and Labour, following consultation with relevant sector stakeholders and advice from the Commission for Employment Equity, has now regulated sector-specific employment equity targets.
“These targets aim to achieve equitable representation of various groups within their respective economic sectors.”
Dunjwa also said it was crucial to emphasise that sector employment equity targets were not quotas.
“Employers retain the authority to determine their own annual employment equity targets, aligned with the regulated sector targets.”
She noted that the amendments also required companies seeking to do business with the government to obtain a certificate of compliance from the Department of Employment and Labour.
“This will ensure that only companies committed to employment equity are able to do business with the government.”
Dunjwa said the portfolio committee believed that the amended Employment Equity Act would help to create a more just and equitable society.
“We urge all employers to comply with the new act, which is scheduled for promulgation by 1 September 2023, and work towards creating workplaces that are free from discrimination,” she said.
Cape Times