PRESS RELEASE

13 January 2025

RACE QUOTAS

“PROPOSED” EMPLOYMENT EQUITY TARGETS SURPRISE EMPLOYERS

Since the publication of the draft Employment Equity Regulations and numerical sectoral targets in 2023, in terms of the Employment Equity Amendment Act (EEAA), the National Employers’ Association of South Africa (NEASA) cautioned the Department that litigation remains imminent, if the Department continues its failure of adhering to the prescribed legislative process. Section 15A of the EEAA, which allows for the issuance of regulations and targets, was not yet in operation at the time of the publishing of the 2023 regulations and targets.

It can be assumed that the Department may have realised its administrative and procedural missteps due to NEASA’s earlier warnings, and therefore did not publish any draft regulations and/or targets for public comment in 2024, and has now opted to first hold consultations with all industries on the alleged proposed targets.

During December 2024, including on Christmas day, when the majority of private entities had their annual closure, the Department commenced with invitations to all industries to attend consultations to discuss the “proposed” numerical sector targets. The cutoff date for registration to attend the consultations is set for 13 January 2025, despite the fact that a large part of the private sector only resumes their operations from 15 January 2025.

In these invitations, the Department apparently plans to consult with entire sectors within very brief time slots (60-90 minutes) - quite simply, an impossible endeavour.  NEASA believes that these sessions will not be consultations in any sense of the word, but that the Department is going to merely inform the sectors of decisions that have already been made and “proposed” targets that have already been set, as a “tick-box” exercise in a flawed attempt to follow the prescribed legislative procedure.

The invitations are not accompanied by the proposed targets, nor is any indication given as to what they are, where to locate them, how they were compiled, who was consulted with, or which data was used in the drafting of the targets. These defects give rise to a legion of questions and uncertainties as to how the Department was able to draft proposed targets in the first instance.

It is practically impossible for stakeholders or employers to prepare for a consultation without having knowledge of what the proposed targets are.

NEASA has called upon all employers to attend these consultations to ensure that they are aware of the targets that the Department is proposing for their sectors and to participate fully.

NEASA confirms that it is actively preparing to launch legal action against any draft or final regulations and targets that the Department publishes and will explore all avenues to protect employers against this devastating legislation.

ISSUED BY

Gerhard Papenfus

Chief Executive (NEASA)

MEDIA CONTACT

Charis Esema-Onaolapo

Media Liaison (NEASA)

083 393 4435

media@neasa.co.za