Exploring Employment Equity Regulations

Fikiswa Bede, Department of Employment and Labour Chief Director: Statutory & Advocacy Services emphasised the significance of the department’s interest in ensuring compliance with the Employment Equity Act. He warns all businesses that misrepresentation on the Employment Equity Act is a criminal act in his speech at the Department’s EE Dinner and Awards ceremony, held in Johannesburg on 9 May 2024.

He warns that employers risk facing criminal charges in addition to fines for the misrepresentation of their compliance with EE regulations. Businesses should remember that the Employment Equity Act allows the department to pursue legal action against non-compliant employers. Bede underscores the accountability of company chief executives for signing off on EE plans and stresses the responsibility of both executives and EE managers to ensure adherence to regulations. The Department will no longer accept EE reports at face value and will scrutinize them more rigorously. It was also highlighted that employers should adhere to EE regulations without external pressure and encourage employers to cooperate willingly.

Bede once again reiterated the importance of Section 61. Section 6 states that “no person may – obstruct or attempt to improperly influence any person who is exercising power or performing a function in terms of this Act; or knowingly give false information in any document or information provided to the Director-General or a labour inspector in terms of this Act.”

In conclusion, the Department’s commitment to enforcing EE regulations should not be understated, this includes the threat of criminal charges for non-compliance.