SANAS formally announced that, in future, all BEE certificates should be submitted to Sector Councils, by the client. Verifications Agencies must receive proof of submission during a verification process. In the Financial Sector, failing to submit could lead to a 1 Level penalty.
Read more below about these new changes.
BEEA_BBEE CERTIFICATES TO SECTOR COUNCIL
Contact us today to assist you with these changes.
Contact: Jaco Jacobs
Office: 012 997 0037
E-mail: consult@beeanalyst.co.za
SAHPRA’s is required to implement integrated socio-economic strategies to ensure viable economic empowerment of all black people including Woman, Youth, People living with disabilities.
A new policy was drafted with the intention to govern the issuing of licenses for health product manufacturing, distribution, imports/exports, and related products / services. This policy is based on the following principles:
This policy strives to take BEE compliance into consideration during the application process and issuing of licenses. The new guidelines will establish how SAHPRA will determine criteria for license issuance under section 22c of the Medicines Act.
It is anticipated that this policy will not impact the existing SAHPRA registration process for health products but be complimentary to current regulations and the BEE Codes of Conduct.
According to the official SAHPRA policy CEO00, a 2-phased approach will be followed:
Phase 1 (1 year process)
Phase 2 (Post year 1)
Forthcoming regulations and compliance requirements are coming, it is a matter of when will it be effective. In BEE Analyst’s experience, the best approach will be to be pro-active, don’t wait until SAPHRA drops a BEE bomb on your head. Start with your preparations now. Contact BEE Analyst for assistance.
Contact: Jaco Jacobs
Mobile: 082 585 6867
Office: 012 997 0037
E-mail: consult@beeanalyst.co.za
The Employment Equity Amendment Bill, 2020 was signed into law on the 12th of April 2023. The Bill amends the Employment Equity Act 55 of 1998, which aims to promote equity and eradicate unfair discrimination in the workplace.
The amendment proposes several changes to the existing legislation, which will have a significant impact on South African businesses.
The key amendments which will have a significant impact on South African business include the following:
1) REMUNERATION: In the area of remuneration, the law requires employers to be transparent about their remuneration practices, to ensure that all employees are paid fairly and that discrimination practices are eliminated. The amendment includes a provision requiring businesses to report on the remuneration and benefits of employees based on race, gender, and occupation.
2) EQUITY PLANS: The amendment aims to increase representation of designated groups in senior positions and to close the skills gap. To achieve this, companies with more than 50 employees need to submit employment equity plans spelling out how they will achieve targets and develop plans to improve representation of designated groups in senior positions.
3) DESIGNATED EMPLOYER: This designated employer definition has now changed so that employers that employ fewer than 50 employees, irrespective of their annual turnover, will no longer form part of the designated employer definition and, therefore, will be exempt from compliance.
4) TARGETS: Notices will be issued by the Minister setting different numerical targets for different occupational levels, sub-sectors or regions within a sector or on the basis of any other relevant factor.
5) VOLUNTARY COMPLIANCE: Section 14 with regards to Voluntary Compliance has been repealed. An employer who is not a designated employer previously could notify the Director General that they wish to comply as if they were a designated employer – this section has been repealed and therefore ALL employers who are not designated employers are exempt.
6) BUSINESS WITH THE STATE: Companies seeking to do business with the state will be required to submit a Certificate from the Department confirming that they are in compliance with the Employment Equity Act and its objectives, and that they do not pay their employees less than the national minimum wage.
7) INSPECTION OF WORKPLACE: The law now compels labour inspectors to inspect workplaces and to issue employers with compliance orders.
8) DISABILITY DEFINTION: People with disabilities includes people who have a long-term or recurring physical, mental, intellectual, or sensory impairment which, in interaction with various barriers, may substantially limit their prospects of entry into, or advancement in, employment, and ‘persons with disabilities’ has a corresponding meaning.
9) PENALTIES: The Employment Equity Amendment Bill introduces tougher penalties for non-compliance and failure to report, including imprisonment of up to five years or fines up to 10% of annual turnover.
The Amendment Bill seeks to advance transformation of South Africa’s workforce by setting equity targets for economic sectors and geographical regions and requiring enterprises to develop transformation plans.
Impact of the Amendments on Broad-based Black Economic Empowerment (B-BBEE):
The Employment Equity Amendment Bill also seeks to strengthen affirmative action measures by introducing numerical targets for designated groups, such as black people, women, persons with disabilities, and youth. This is intended to accelerate progress towards achieving equality in the workplace and creating a diverse and representative workforce.
There has been some concern about the impact of the Employment Equity Amendment Bill on B-BBEE. However, it is important to note that the two policies are not mutually exclusive and can in fact complement each other as the Employment Equity Act focuses specifically on advancing employment equity, which is also a critical part of the B-BBEE Scorecard and addressing discrimination in the workplace.
The Employment Equity Amendment Bill is a welcome development in the ongoing efforts to promote employment equity and address systemic inequality in South Africa.
Overall, the Employment Equity Amendment Bill 2020, is a positive step towards promoting equity and fairness in the workplace. However, some businesses may see the proposed changes as an additional burden, particularly as they are required to report on remunerations and benefits. Furthermore, the amendments may be challenging for smaller businesses, which may not have the recourses to develop comprehensive plans and set meaningful targets.
In conclusion, the Employment Equity Amendment Bill 2020 is a critical piece of legislation that aims to promote equity, fairness and inclusivity in the workplace. While the proposed changes may be challenging for businesses, they are essential to ensure that all employees are treated fairly and that discrimination practices are eradicated.
Ultimately, businesses that embrace the changes are likely to benefit from a more diverse and inclusive workforce, which can lead to increased productivity and profitability.
To be fair, the Code isn’t that new – it came into effect in March 2022. But due to its far-reaching consequences, many HR departments and managers are still struggling to come to terms with the impact of the Code and what it requires of them.
Workplace harassment in South Africa is governed by several Acts, among them the Employment Equity Act. To help practitioners understand and implement the requirement of this Act, the government publishes a number of Codes of Good Practice.
Although these Codes are not binding laws, it’s important to take them into account since inspectors and judges use them as a guideline when determining whether an organisation is compliant.
The 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace replaces the original 2005 Code of Good Practice on the Handling of Sexual Harassment Cases in Workplaces. In the name itself lies a clue to one of the most significant changes in the new Code – a far broader definition of harassment that extends far beyond sexual harassment.
Let’s explore this new definition, as well as other key changes and employers’ new obligations.
A new understanding of harassment in the workplace
Impact 1: A far broader range of actions constitute harassment
The Code has an exceptionally broad definition of harassment. It includes what one would expect – physical harassment (both actual and threatened), verbal bullying and psychological abuse – but additional and perhaps more surprising examples of harassment have also been included.
| Sarcasm | Slander and spreading rumours | Constant criticism |
| Condescending eye contact, facial expressions or gestures | Racist, sexist or LGBTQIA+ phobic language | Gossiping or joking at someone’s expense |
| Conduct that humiliates, insults or demeans | Social exclusion or marginalisation | Sabotaging or impeding work performance |
| Abuse or selective use of disciplinary proceedings | Pressuring an employee to not exercise their legal rights | Pressuring an employee to resign |
| Surveillance of an employee without their knowledge and with harmful intent | Intolerance of a psychological, medical, disability or personal circumstance | Withholding work-related information or supplying incorrect information |
Impact 2: Harassment can be a once-off or repeated event
The Code explains that harassment can occur as a result of a pattern of consistent conduct, or a single event. In other words, where the conduct is of a serious nature, a single instance is sufficient to constitute harassment.
Impact 3: Harassment can occur to anyone who has dealings with the business
The Code recognises that managers, supervisors and employees are not the only possible perpetrators and victims of harassment. Victims and perpetrators could include a number of additional role players, all of whom are covered under the Code.
| Job seekers and job applicants | Interns, apprentices and people on learnerships | Volunteers |
| Suppliers and contractors | Clients and customers | All others who have dealings with the business |
Impact 4: Harassment can occur in any work-related environment
Employees must be protected in any situation that is related to their work, including the following:
| Public and private spaces in the workplace | Home office (in the case of remote working) | Places where employees rest, eat or receive medical treatment |
| When commuting to and from work in transport provided or controlled by the employer | Work-related trips, training, events and social activities | Employer-provided accommodation |
Employers’ new obligations under the Code
Employers have a legal obligation to take proactive and remedial steps to prevent all forms of harassment in the work environment. To meet this requirements (and ensure your adherence to the Code) we recommend the following steps:
Step 1: Get the HR department up to speed
Reading this article is just the starting point – your HR department will need to get to grips with the full content of the 30-page Code and all its various requirements. This is likely to require an in-depth training course or even a facilitated session by an expert.
Step 2: Conduct a risk assessment
The Code requires that organisations assess the risk of harassment that employees are exposed to while performing their duties. This should include identifying historical and current risks, and compiling a risk register with appropriate mitigating measures.
Step 3: Compile or update your harassment policy
If your previous harassment policy extended beyond sexual harassment, you’re already one step ahead. If not, you’ll probably need to start from scratch.
The Code requires your harassment policy to contain some very specific statements, and it’s best practice to include the following as well:
Step 4: Drive awareness
Everyone who has dealings with your business should understand your position regarding harassment.
Click here to download the NPAT industry norms for March 2020.
In January 2019, Ntandazo Nkonki enrolled for a Master’s degree in Psychology at the University of Pretoria. ASK AFRIKA selected him from manty applicants for a bursary
that covered the full tuition amount for his degree and also his full year’s accommodation at his Tuks Res.
On top of this bursary, ASK AFRIKA also offered him work experience during university holidays, for which he received a full salary. For his studies, Ntandazo urgently required a new computer to conduct his research, as his computer did not have the necessary requirements. Again ASK AFRIKA stepped in and delivered!
As they say, hard work pays off!
Ntandazo, passed all 5 his subjects with an average of 71%. Two of the subjects, he passed with distinction – 79%.
Ntandazo, will now be enrolled onto an ASK AFRIKA internship programme, where he will be mentored to complete his Master’s Degree, and we believe he will be very successful!
According to the B-BBEE Commission’s Zodwa Ntuli an analysis of compliance reports submitted by JSE-listed companies indicates that the financial sector is regressing in ownership and management control. These companies could face possible penalties for non-compliance.
According to the government gazette, the issuing of export permits is subject to the Amended Agricultural Black Economic Empowerment (AgriBEE) Sector Code. This applies to any business that derives more than 50% of its turnover from:
Your business will require a valid BEE certificate, as part the application process, issued under the Amended AgriBEE Sector Code. All BEE certificates must be issued by an accredited BEE Verification Agency.
What can BEE Analyst do for you?
Need to level up your B-BBEE status?
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PHONE US : 012 997 0037
Email: consult@beeanalyst.co.za For more information on the application forms, specific products and codes download the gazette here.
BEE Analyst, with their sister company eSTUDY, offers the full range of turnkey services when it comes to internships.
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