The gazetting of the BEE Legal Sector Codes has stirred considerable debate within the legal community. NRFSA has initiated a two-part application in the High Court, targeting the Legal Practice Council, the Department of Trade, Industry and Competition (dtic), and the Minister of Justice and Constitutional Development.
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The Employment Equity Amendment Act (EEA) is set to be officially enacted on 1 January 2025. These amendments will significantly impact how businesses across South Africa manage employment equity and comply with transformation goals.
Here’s a summary of the key changes and what they mean for your business:
Companies with fewer than 50 employees will no longer be classified as designated employers. This means they will not be required to comply with Chapter 3 of the Act, which outlines affirmative action measures.
However, businesses in this category will still need to:
If you have fewer than 50 employees, it’s essential to ensure your company maintains compliance with these provisions, even though your designation status will change.
One of the most notable changes is the introduction of sector-specific targets for designated employers. These targets will span five years and will apply across key occupational levels. Employers will need to align their employment equity plans with sectoral targets. It’s important to start assessing your workforce and setting goals accordingly. Companies can also choose to set targets for Semi-Skilled and Unskilled levels, though these are not mandatory.
While these changes will take effect in 2025, it’s important to note that all designated employers must still submit their Employment Equity reports for the 2024 reporting period in line with the current regulations. The 2024 reporting cycle will remain under the existing compliance framework, so make sure your reports are submitted in accordance with the current rules before the end of the year.
As these amendments are set to reshape the employment equity landscape, now is the time to start preparing. The changes will require companies to be more proactive in aligning their workforce with sectoral targets, ensuring compliance with anti-discrimination policies, and obtaining certification for doing business with the state.
Our team is closely monitoring these developments and will keep you informed as new regulations and guidelines are released.
Stay Tuned for More Updates
As we receive more information we will share key updates and provide actionable advice on how your business can remain compliant. Our goal is to make this transition as smooth and effective as possible for you.
Trade, Industry, and Competition Minister Parks Tau has given the green light to the Legal Sector Code under section 9(1) of the B-BBEE Act, which aims to expedite transformation within the legal sector.
“This administration is dedicated to speeding up transformation, as guided by the preamble of the South African Constitution, which underscores the need to address past injustices. This commitment is reflected in the Government of National Unity’s (GNU) statement of intent,” Tau stated.
The process has paved the way for the sector to achieve its Broad-based Black Economic Empowerment (B-BBEE) objectives of the following:
With the recent approval of the Legal Sector Code, legal professionals and firms must stay ahead of these transformative changes. Our team is ready to assist you in understanding and implementing the new regulations to ensure your practice remains compliant and competitive.
Contact us at consult@beeanalyst.co.za to schedule a consultation.
This is a friendly reminder that your annual fees for the ICT Council 2023/24 are due by December 1, 2024. Please confirm your ICT suppliers’ contributions to the ICT Council Private Contribution Model.
The Private Sector Contribution Model helps determine the financial contributions of ICT Measured Entities to support the ICT Council’s operations. These contributions are based on the annual turnover as reflected in your B-BBEE verification certificate or B-BBEE Sworn Affidavit under the 2016 Amended ICT Sector Code.
Note that these contributions cannot be claimed for B-BBEE points under the 2016 Amended ICT Sector Code.
After making your payment, email the proof to ictcouncil@ictsectorcouncil.org.za. We will send you a proof of contribution letter to the same email address.
For any questions, please contact the Acting Secretariat, Mrs Stefani Naidoo, at ictcouncil@ictsectorcouncil.org.za.
Read the notification here and see the bank confirmation letter here.
The gazetting of the Legal Sector Code is now imminent. Let’s examine the concerns that were discussed earlier.
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President Cyril Ramaphosa approved the Public Procurement Bill on 23 July 2024, marking a pivotal step towards streamlining and regulating public procurement practices across South Africa. The enacted legislation establishes a unified framework designed to oversee the procurement activities of all state organs.
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For all the South African Skills Development Providers:
Everyone knows by now that the QCTO is on a mission to improve and align all occupational and trade-related qualifications. QCTO will be replacing SETA accreditations with their own, from 30 June 2024.
There’s still a long road ahead to secure the ongoing collaboration between workplaces, talent, and skills development programs (SDPs) to guarantee that South Africa possesses a skilled and employment-ready workforce.
Still unsure about the upcoming changes?
BEE Analyst are here to help!
Contact us at consult@beeanalyst.co.za for more information.
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.
The QCTO changes being implemented have the potential to not only significantly impact your skills development plan reporting to the SETA, but also your BEE scorecard. It is important to consider these changes carefully and take any necessary steps to ensure that your company remains compliant and achieves its desired outcomes.
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The Financial Sector Conduct Authority (FSCA) and the BEE Commission have joined forces through a recent Memorandum of Understanding (MoU) to enhance collaboration between the two entities and to foster transformation in the Financial Sector.
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