Employment Equity Amendment Bill and Employment Equity Amendment Bill Regulations

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The Department of Labour has published the Employment Equity Amendment Bill and the proposed amendments to the Regulations to the Employment Equity Act, and is asking for your comment.

The Bill aims to tighten race targets in the workplace, speed up transformation and empower the labour minister to establish numerical race targets for particular sectors.

You are invited to object or support the Bill by providing comment below. Should you be unsure, please read the live comments, media, summary or documents below.   Closing date is midnight 21 November 2018.

3689 active citizens in this campaign, so far

  • The Amendment Bill introduces Section 53 of the Employment Equity Act (EEA), which was never promulgated since the inception of the Act in 1998.

The South African Human Rights Commission (SAHRC) recently found that South Africa’s affirmative action and employment equity policies were unconstitutional.

The SAHRC specifically took issue with the Employment Equity Act’s definition of designated groups and South Africa’s system of data disaggregation.

Government’s failure to measure the impact of various affirmative action measures on the basis of need is also a failure of international legal conventions, it said.

In a statement released in August, the SAHRC said:

  • The definition of designated groups as contained in the Employment Equity Act, and the current system of disaggregation of data could give rise to new imbalances in the labour market.
  • Affirmative action measures must be targeted at groups and individuals who are subject to unfair discrimination, to eventually achieve substantive equality and a society based on non-racialism and non-sexism.
  • Decisions based on insufficiently disaggregated data fail to target persons who have been disadvantaged by unfair discrimination.
  • Without first taking the characteristics of groups into account, varying degrees of disadvantage and the possible intersectionality of multiple forms of discrimination faced by members of vaguely categorised groups cannot be identified.
  • The Act must be amended to target more nuanced groups on the basis of need and should take into account social and economic indicators.
  • Once the objective of affirmative action, namely substantive equality, is achieved, temporary special measures should cease.

Add your comment now.

Do you support the Employment Equity Amendment Bill and proposed amendments? (see summary)
Yes I doNo I do notNot fully

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LIVE COMMENT FEED

Displaying newest 5 comments sent.

Ilizma
No I do not
Look at our country, our leaders have set a bad example that you can do anything and get away with it!! I am tired that white males can not find work cause of thier skin colour and is just not right
sipho
Yes I do
Hi

Make sure that numerical target are inline with number of people per race nationally. For example all companies must have 90% or more black native south africans, 5% white, 3% colors, 1.5% Indians and 0.5% foreigners. This must be at all level operational, junior management, middle management, and executive management.
Kidhar
Not fully
We should be getting the best people for the job in order to increase our country's output and efficiency and not just to meet quota's. We cannot use a short-sighted and blinkered approach to resolve a problem on this scale. We need to do what is best for the country, not for any single race, not for the majority, not for the minority and definitely not for the ruling party. We need to do what is best for everyone who calls South Africa their home. I fully agree that our past has led to huge in-equalities but there are different solutions to this problem in the form of

1. Entrepreneurship
We should help facilitate small business through tax breaks and incentives

2. Education
We should educate our country's people to make them increase efficiency and output

3. Innovation
Use technology to unlock for solutions for current problems like crime and violence.

4. "I am better than no one else and no-one is better than me" attitude
Adopting this attitude is at the essence of South Africa's economy. It is one way to keep our country fair and in balance. No-one should be advantaged nor dis-advantaged. It is time to remember the past while getting started on building the best country in the world instead of running campaigns to make sure that the ruling party secures votes for the next election.
Fuad
No I do not
Apartheid in the form of employment
Karen Louise
Yes I do
We understand the need to address previous imbalances but this needs to be done properly and not infringe on other groups rights, especially the rights of the minority groups in South Africa. Presently money is wasted on tenders that can't be filled due to allocation to groups or individuals with no experience. TRAIN people, educate them and teach them how to readdress these imbalances that exist from birth through school into the job market. Provide the correct education and job opportunities. Change the mindset of people not to all want university degrees but be able to work in all areas to make money.
Employment Equity Bill

Important to note; this is not a petition but is the first step in an essential Participative Democracy process protected under the SA Constitution. Your comment is immediately sent as a unique email to the designated government representative and must, by law, be acknowledged and considered. Had this been a petition, all comments would be seen as a single collective submission.

By using this service you ensure an accurate record is held by civil society (on our encrypted database) so government cannot dispute facts or figures. This process forms a solid foundation for a legal case should the necessity arise.

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