The Minister of Employment and Labour has published the proposed employment equity sectoral targets for public comment.
This comes after the recent promulgation of the Employment Equity Amendment Act by the President.
The time available for public comment on the proposed sectoral targets spans a period of 30 days (input on the draft regulations is sought by 12 June 2023).
The employment equity sectoral targets pertain to 18 sectors across the South African economy, spanning a broad spectrum of industries. It is proposed that these targets should be achieved over a period of five years, and that they are to apply to the appointment of top management, senior management, professionally qualified and skilled personnel. This approach seems to be premised on the perception that in many organisations, the higher echelons of management are often less transformed than junior levels.
The constitutionality of the Employment Equity Amendment Act, which provides for sectoral targets, is the subject of a pending application in the Labour Court, in which trade union Solidary alleges that the amendment act is unconstitutional.
It remains to be seen whether other organizations and employers will also seek to challenge the constitutionality of the legislation or the process of imposing sectoral targets, either by participating in the pending litigation or by launching separate legal challenges against the amendments.
The notice on the proposed sectoral targets was published in the government gazette on 12 May 2023.
Read a copy here:
Draft EEA Sectoral Targets – 12 May 2023
