The Employment Equity Amendment Bill of 2020 was assented to by the President which brought into being Act No. 04 of 2022: Employment Equity Amendment Act, 2022 (No. 3280, 14 April 2023).  The Amendment Act brings about several changes for designated employers, which includes the proposed sector targets which form part of the criteria to be met to secure a Compliance Certificate as per Section 53 of the Employment Equity Act.

On 12 May 2023 the Draft Employment Equity Regulations 2023 for Public Comment (No. 3407 Government Gazette No. 48589) addressing the sector targets was published. 

All stakeholders have 30 days from publication date to review their relevant sector’s proposed targets and submit their comments and anticipated concerns. In working with our stakeholder clients on a regular basis, it is evident that more than one feels the proposed targets that were consulted on in the past +/-2 years were not realistic and unlikely to be achieved.

We urge our clients and all designated employers being companies that employ 50 or more employees, to review their sector targets in the Amendment Bill and submit their written comments via email to innocent.makwarela@labour.gov.za, christina.lehlokoa@labour.gov.za and julian.mohale@labour.gov.za (as provided for in the gazette).

The question is now - Will this bill be passed in time before September 2023, when all designated employers must have their new 5-year plans in place?

Irrespective, we implore you to contact us should you require insight, guidance or assistance with your Employment Equity implementation. This may include changing and or drafting your new 5-year plan. Now is also the time to arrange refresher training for your Employment Equity Committees as they need to know what the new requirements are.  Remember the main amendment act had been passed, so employers need to re-evaluate their current Employment Equity Strategy as translated into their Employment Equity Plan.

We have a team of Employment Equity Consultants that can assist. Feel free to contact us for a free 30 min consult or to arrange refresher training for your committees.  We also offer 2-hour Webinars to explore the Employment Equity landscape with your Employment Equity Committee, EXCO or MANCO.

We offer an integrated approach to transformation by ensuring that Employment Equity is supported by Skills Development Initiatives, allowing a company to conduct meaningful training that will allow not just for claiming back of Skills Development Levies, but also allowing the company to meet its EE targets, which in turn supports your objectives in terms of B-BBEE [in reference to Management Control and Skills Development elements]. 

Our aim is to assist our clients not only in being compliant with the Act, but also to implement Employment Equity effectively within the organization, allowing for all employees to understand and support transformation initiatives. 

Call us on tel. 0861 474 722 Or email any of our senior consultants below:

Hannetjie@pendula.co.za              National

Miranda@pendula.co.za                Gauteng & Cape Town

raeesa@bruniquel.co.za                KZN Region

roannpillay@bruniquel.co.za         Richards Bay