The Minister of Employment and Labour, Thulas Nxesi, has reissued draft regulations for sector-specific targets, granting interested parties a 90-day period to provide feedback on the proposals (reissued regulations focusing on employment equity targets).
On Friday, May 12, 2023, the Minister released draft five-year sectoral numerical targets for the identified national economic sectors, providing interested parties with a 30-day window to submit comments.
Following the publication and the conclusion of the 30-day comment period, there was significant feedback on the draft numerical targets.
In a legal note written by Cliffe Dekker Hofmeyer, the group clarified that on the face of it, the republished regulation furnishes more detailed guiding notes on how to interpret and apply the sectoral targets.
“More importantly, the distinction between provincial and national targets has been removed with the republished targets reflecting a single target for each economic sector differentiated on the basis of gender only,” said the law firm
Furthermore, the republished regulation have removed the distinction between designated racial groups (Africa, Coloured, and Indian).
“The target simply relates to “designated groups” which is defined in the EEA as black people (Africans, Coloured, and Indians), women and people with disabilities who are citizens of South Africa by birth or descent,” it wrote.
“Alternatively, black people who became citizens of South Africa by naturalisation before 27 April 1994 or after 26 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date but who were precluded by apartheid policies.”
Cliffe Dekker Hofmeyer added that the republished regulation continues to focus on top and senior management as well as professionally qualified and skilled levels and people with disabilities. There are no targets for the semi-skilled and unskilled levels. However, designated employers are required to take into account the economically active population demographics in respect of these levels.
To view the republished sectoral numerical targets, click here