Engagements on EE - and now for policy change?
- Published on 26 Sep 2016
- HR Pulse News Desk
The Department of Labour and the Commission for Employment Equity (CEE) have completed a series of sector engagements on employment equity (EE) and will next month hand a comprehensive report on the process.
Department of Labour EE Directorate, Director Ntsoaki Mamashela said the Commission will be compiling a report for Labour Minister, Mildred Oliphant's consideration. "The report, which we expect it to be submitted in October will have future policy implications," cautioned Mamashela.
Mamashela was addressing a Department of Labour and the Commission for Employment stakeholder engagement session with the Local Government Sector at the Aviator Hotel and Conference Centre in Kempton Park, Gauteng. The Local Government like other tiers of Government is dominated by Black population group.
According to the CEE the majority of employees in the public sector are Black, with Africans being the most represented (71,8 percent) with more than half (50,5 percent) of those employed in the private sector are White. The African group represents a quarter of the population in the private sector.
Mamashela said one of distinguishable trends being observed in Local Government was the continued failure by the sector to submit EE reports. According to the CEE's 16th Annual Report, in the Eastern Cape 42 municipalities reported on EE plans against three that failed to report. In the other provinces the picture is as follows:
- Free State = 13 municipalities reported compared to 11 that did not report.
- Gauteng = 10 municipalities reported compared to two that did not report.
- KwaZulu-Natal = 37municipalities reported compared to 24 that did not report.
- Limpopo = 29 municipalities reported compared to one that did not report.
- Mpumalanga = 18 municipalities reported compared to three that did not report.
- North West = 16 municipalities reported compared to seven that did not report.
- Northern Cape = 17 municipalities reported compared to 15 that did not report.
- Western Cape = 27 reported compared to three that did not report.
Mamashela said the question is what are human resources sections doing in regard to ensuring compliance with EE law? She said the same question could be posed on what are auditors doing to ensure compliance?
CEE Chairperson Tabea Kabinde said when the series of sector dialogues started on 23 June 2016 the intention was to engage and hear direct from the implementors of EE in workplaces, "the process has been difficult and painful. We could have bashed and condemn. Instead, we opted to hear truths and not excuses".
The Local Government Sector was the last in a series of engagements in which the department and CEE held with the Retail & Motor; Manufacturing; Finance; Construction; Educational Institutions, National Skills Authority, Department of Higher Education; Wholesale; Mining & Quarrying, Electricity, Gas & Water Supply Sectors.
The engagements were initiated following the launch in April by Oliphant of the CEE Report on EE which shows lack of transformation in workplaces, in which Black people are still subjected to discrimination. Oliphant gave employers six moths to rectify the situation before she takes action.
It has been 18 years since the EE legislation came into being. In terms of the amended EE law all employers are obliged to submit EE reports. Employers that fail to submit EE plans/reports, the Department of Labour Director-General has discretion to refer or report employers to Labour Court for a fine.
The aim of the sectoral engagements was to consult business leaders or their EE representatives on employment equity issues. The CEE was interested in establishing challenges that employers face in employment equity implementation and devise solutions to overcome them.
The Commission for Employment Equity is a statutory body established in terms of section 28 of the Employment Equity Act. Its role is to advise Labour Minister on any matter concerning the Act, including policy and matters pertaining to the implementation of the EE Act.
The CEE's 16th Annual Report on national statistics of economically active population (EAP) shows that Africans constitute 77,4 percent; Coloured 10,0 percent; Indian 2,7 percent and White 9,9 percent.
