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.
3762 active citizens had a say
- 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.
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LIVE COMMENT FEED
Displaying newest 5 comments sent.
I do not see any harm to the country and its people to ask for more women and persons with disabilities in our workforces, however I strongly oppose just blindly (as has been done very stupidly, and ineffectively, with our B-BBEE legislation) filling seats, whether competent or not (most times not) with specific coloured people, purly to colour in the picture in more as a corrupt government want to see it (and can promote it for votes). This kind of short-sighted, racially-biased and dumb mindset is why our family is looking for other countries where our children will not be judged by his skin colour, but by their skills, knowledge and potential contribution to the building of a country and sustainable future.
I support employment equality & equity and to uplift and support previously advantaged groups, but we have to go about this process sensibly. Affirmative action did not work, it is a 'stick approach'. This amendment to the Act is another 'stick approach', another 'do as I say or...'. This approach creates distrust and further division. Big business did not become big because they have morons at the top. They will either find ways to circumvent these new rules or just leave the country.
Business and especially big companies will be brutally affected by the potential levers that are put in place here, in terms of the institutional expertise and knowledge that they will be able to retain or attract. This includes Government. The measures that are envisaged have dire economic consequences, potentially resulting in another wave of departure of big business, intellectual expertise and investment from South Africa.
The Act & Bill do not put in place alternative solutions that in general speaks well to people's trust, to their sense of responsibility. Nowhere in the Act or Bill can measures be found that are empowering and sensible, such as skills improvement, educational programs, mentoring & couching, job shadowing/training. Honestly, I am missing sensible solutions here.
- BusinessDay – Employment equity bill seeks to set targets in sectors
- MyBroadband – Race targets to become stricter in South Africa
- PoliticsWeb – EE Amendment Bill 2018: Race target enforcement to be tightened up
- BusinessTech – Government to implement major Employment Equity changes to speed up transformation
- Employment Equity Amendment Bill
- proposed amendments to the Regulations to the Employment Equity Act
- SAHRC Equality Report
- Commission for Employment Equity Annual Report 2017/18
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