Government Notice No. 50058
The Minister of Employment and Labour, Thulas Nxesi, has released a Notice regarding the Draft Regulations on Proposed Sectoral Numerical Targets for public comment, in anticipation of the implementation of Section 15A of the Employment Equity Amendment Act No. 4 of 2022.
The draft regulation on the proposed sector targets has been republished in the notice in the Government Gazette for further public comment for 90 days from the date of publication (1 February 2024).
A Notice issued in terms of Section 15A (2) of the EE Amendment Act 2022 empowers the minister to set different numerical targets for different occupational levels, sub-sectors, or regions within a sector or based on any other relevant factor.
List of Economic Sectors affected by these targets (EEA17)
- Agriculture, Forestry & Fishing
- Mining and Quarrying
- Manufacturing
- Construction
- Financial and Insurance Activities
- Transportation and Storage
- Information and Communication
- Water Supply, Sewerage, Waste Management and Remediation Activities
- Electricity, Gas Steam and Air Conditioning Supply
- Human Health and Social Work Activities
- Arts, Entertainment and Recreation
- Real Estate Activities
- Professional, Scientific and Technical Activities
- Wholesale and Retail Trade, Repair of Motor Vehicles and Motorcycles
- Accommodation and Food Service Activities
- Public Administration and Defence, Compulsory Social Security
- Education
- Administrative and Support Activities
Setting of 5-year Sectoral Numerical Targets
When setting the proposed 5-year sectoral numerical targets, the following factors were taken into account:
- The extent to which suitably qualified people from and amongst the different designated groups are equitably represented within each occupational level in that employer workforce with the demographic profile of the national and regional/provincial economically active population (EAP) as required by Section 42(1)a of the EEA no 55 of 1998.
- The latest 2022 EE workforce profiles of each economic sector in terms of race, gender and disability as reported by the designated employers in their 2022 EE reports submitted to the DoL.
- The various Sector Codes and the Sector Charters published under the BBBEE Act.
- The unique sector dynamics (e.g. Skills availability, economic and market forces, ownership etc.) raised by Sector Stakeholders in their written submissions during the consultation process.
- The proposed 5-year sectoral numerical targets are minimum targets and are key milestones towards achieving the equitable representation of the different designated groups within each occupational level in that employer’s workforce concerning the demographics of their applicable EAP.
- The proposed 5-year sectoral numerical targets are not intended to add up to 100% like the EAP and the total workforce at each occupational level. For example, the proposed sectoral numerical target excludes foreign nationals as part of the workforce profile.
The draft regulation proposing sector targets has been republished in the Government Gazette for 90 days for further public comment. All public comments must be made in writing and sent to:
Read the Government Notice here.
BEE Analyst can assist you, or lead the process, to navigate through the intricacies and complexities of the proposed employment equity changes. It will certainly be a daunting task with many pitfalls. Besides the risk of being non-compliant, you can potentially also face penalties and fines from DOEL.
Contact: Jaco Jacobs
Office: 012 997 0037
E-mail: consult@beeanalyst.co.za
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