Labour minister pushes ahead with EE targets after ConCourt ruling

Minister of Employment and Labour Nomakhosazana Meth. Picture: Supplied. Minister of Employment and Labour Nomakhosazana Meth is pressing forward with the implementation of Employment Equity (EE) Regulations and five-year sectoral numerical targets.

She was buoyed by a Constitutional Court ruling against employer bodies that sought to halt the reforms. The National Employers’ Association of South Africa (Neasa), Sakeliga and others had challenged the transformative legal instruments, arguing they were unconstitutional and unlawful. But the apex court dismissed their urgent application, clearing the way for government to enforce the new framework.

“In the absence of any court interdict, the department is therefore forging ahead with the implementation of the EE Regulations and the five-year sector numerical EE targets,” Meth said. TheEmployment Equity Amendment Act, No 4 of 2022, together with two sets of EE Regulations, came into effect on 1 January and 15 April last year. The law applies to designated employers – those with 50 or more employees – who must set their own annual EE targets in line with sectoral quotas and submit reports against those plans.

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The amendments empower the minister to regulate sector-specific numerical targets to ensure equitable representation of suitably qualified people from designated groups. These include blacks, coloureds and Indians, women across all race groups and people with disabilities. Small businessesemploying between one and 49 people are exempt, allowing them to focus on growth and job creation. These employers are no longer required to submit EE reports.

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