DECEMBER 2024 – SOUTH AFRICA
IMPLEMENTATION OF EMPLOYMENT EQUITY AMENDMENTS
It is important that employers note the following:
Employment Equity Amendment Act, 2022 implementation
President Ramaphosa has proclaimed the effective date of the Employment Equity Amendment Act, 2022 as 1 January 2025 through the publication of Government Gazette No. 51684 of 28 November 2024.
The key provisions of the amendments include:
- Amending an existing definition;
- Inserting new definitions;
- Substituting one definition and deleting another;
- Empowering the Minister to set sectoral numerical targets to ensure the equitable representation of suitably qualified individuals from designated groups;
- Establishing criteria for the Minister to issue certificates; and
- Addressing related matters.
The amendments were discussed in greater detail in our News Flash dated 19 April 2023, which can be viewed here.
For larger designated firms and non-designated and designated employers wishing to interact with the State, the revisions have significant ramifications. It is unclear what the final form of these targets will include, but the introduction of sectoral targets is the most contentious of these changes.
Following the implementation of the amendments, the Minister of Employment and Labour will have the power to designate sectors through a government gazette, confer with the pertinent sectors, and publish a draft notice for public comment on sector identification and sectoral target setting prior to finalising the version.
To view the proclamation notice, follow the link.
