By: John Botha - Joint CEO of Global Business Solutions

The Department of Employment and Labour has released the 24th Commission for Employment Equity (CEE) Report, providing crucial insights for designated employers as they prepare for the upcoming Employment Equity Amendment Act and accompanying Ministerial Targets. John Botha, Joint CEO of Global Business Solutions, highlights the report's key findings and their implications for employers.

Key Highlights:

Shifting Demographics: A Foundation for Future Regulations

The 24th CEE Report reveals significant changes in the national and provincial Economically Active Population (EAP) profiles. These demographic shifts are of paramount importance as they will form the foundation of the upcoming Ministerial regulations, directly impacting employment equity targets across various sectors. Understanding these changes is essential for employers to align their strategies with the new regulations and ensure compliance.

Barriers and Affirmative Action Measures: Overcoming Challenges

One of the critical sections of the report provides comprehensive data on the top barriers to employment equity and effective affirmative action measures across 18 sectors. This information is invaluable for employers looking to refine their strategies and overcome persistent challenges in achieving workplace diversity and inclusion. By addressing these barriers, employers can create a more inclusive environment that fosters diversity and meets regulatory requirements.

The Pace of Transformation: A Call for Accelerated Efforts

Perhaps the most sobering finding in the report is the current rate of transformation. The report indicates that at the average pace of change observed since the Employment Equity Act was first promulgated, it could take up to 90 years to achieve EAP representation for certain race and gender groups. This stark revelation underscores the urgent need for accelerated efforts in promoting workplace equity. Employers must take proactive steps to expedite transformation and ensure that their workplaces reflect the diversity of the broader population.

Key Strategic Objectives: Guiding Transformation Efforts

The report outlines the key strategic objectives of the 5th Commission for Employment Equity, which include providing sound advice to the Minister on the EEA and its policy tools, mobilising stakeholders for compliance, empowering workers to enforce their rights, and monitoring and reporting on employment equity. These objectives serve as a roadmap for employers to follow as they navigate the complexities of the new legislative landscape.

 Upcoming Legislation: Preparing for Compliance

The Employment Equity (EE) Amendment Act, No. 4 of 2022, was assented into law by the President on April 6, 2023, and subsequently published in the Government Gazette on April 14, 2023. The main objectives of these amendments include reducing the regulatory burden for small employers, empowering the Minister to regulate sector-specific numerical EE targets, and enabling the issuance of EE compliance certificates as a prerequisite for accessing state contracts.

Preparations for the promulgation of the commencement date started immediately after the EE Amendment Act of 2022 was signed into law. The Draft Regulations on the proposed sector numerical targets were published for public comment, reflecting the ongoing consultation process to refine and finalize these regulations.

Stakeholder Engagements: Building Capacity and Awareness

In line with the government's priority of expediting economic growth and transforming the economy to create decent work, the CEE has embarked on various initiatives to engage stakeholders. These include capacity-building workshops for trade unions on the Code of Good Practice on the Preparation, Implementation, and Monitoring of EE Plans, awareness campaigns on the EE Amendments, EE Reporting, and case law on unfair discrimination.

Focus on Persons with Disabilities: Addressing Persistent Challenges

The report highlights the ongoing challenges faced by persons with disabilities in the workplace. Despite 25 years since the inception of the EEA, the representation of persons with disabilities has remained around 1% in both the private and public sectors. The CEE and CCMA hosted a stakeholder engagement to assess these challenges and explore possible solutions for policy and practice to eliminate potential barriers. This engagement underscored the need for more inclusive employment policies and practices to improve opportunities for persons with disabilities.

Next Steps: Aligning with Strategic Objectives

The 24th CEE Report serves as a critical tool for employers to assess their current position, benchmark against industry peers, and prepare for the enhanced compliance requirements that the new legislation will bring. As South Africa continues its journey towards a more equitable workforce, this report highlights both the progress made and the considerable work that lies ahead. Designated employers are strongly encouraged to thoroughly review the report and take proactive steps to align their employment equity plans with the forthcoming legislative changes.