The implementation of the 2022 Employment Equity (EE) Amendment Act and EE Regulations provides that in the case of assessment of compliance a designated employer may raise reasonable ground(s) to justify failure to comply, this was disclosed during an EE workshop.

Department of Employment and Labour EE Deputy Director, Niresh Singh said during his presentation that in any assessment of compliance with the EE Act or any court proceeding, a designated employer may raise any reasonable ground to justify its failure to comply.

Singh was addressing stakeholders during an EE workshop held today (5 June) in Vanderbijlpark.

“We cannot take a decision without understanding the other side," Singh said. He advised employers to be honest during their reporting saying, “If you do not have justifiable reasons, just declare and tell it as it is".

Some of the justifiable reasons/grounds to be considered for failure to comply with the Annual EE targets – EEA15 and regulation 16 include:

• Insufficient recruitment opportunities.
• Insufficient promotion opportunities.
• Insufficient target individuals from the designated groups with the relevant qualifications, skills, and experience.
• CCMA/ Court Order.
• Transfer of business.
• Merger/ Acquisitions.
• Impact on business economic circumstances, e.g., impact of the COVID pandemic on business, load-shedding, etc.
  
  Today's workshop is part of a national roadshow held under the theme: “Bridging the Equity Gap Through Diversity & Inclusion". The Department of Employment and Labour is conducting the EE workshops in partnership with the Commission for Employment Equity (CEE) and the Commission for Conciliation Mediation and Arbitration (CCMA). The national workshops/roadshows are part of an advocacy campaign to engage with various stakeholders in the labour market on the implementation of the new legislation and its regulations.
  
  Since 20 May 2025 the Department, CEE, and CCMA have held seven workshops in the Eastern Cape, KwaZulu-Natal, and Gauteng. More workshops are to be held in other provinces. A total of 18 workshops are planned to be held nationally.
  
  Section 35 of the EE Act provides powers to an inspector to enforce the legislation.
  
  The 2025 EE workshops focus on:
  
  How to implement the EE Amendments contained in the EE Amendment Act, 2022, and its EE Regulations?
  
  Five-year Sector EE targets for 18 economic sectors;
  
  Practical demonstration of how to utilise the EE system online facilities to capture EE reports and request EE Certificate of Compliance; and
  
  Presentation on discrimination disputes referred to the CCMA and the various Courts, in particular, harassment cases, including dispute resolution mechanisms in terms of the EEA.  
  
  The key objectives of the EE amendments are: 
  
  • To reduce the regulatory burden for small employers – that is, those employers that employ between 1 to 49 employees, are now excluded from complying with the provisions of Chapter III of the EE Act since 1 January 2025;
  
  • To empower the Minister to regulate the sector-specific numerical EE targets;
  
  • To promulgate Section 53; and
  
  • To strengthen compliance through the issuing of EE compliance certificates.
  
  As of 1 September 2025, when employers submit their 2025 EE reports they will have to do so in line with the new legislation.
  
  Key in the implementation of the new amendments and regulations is the setting of five-year sector EE targets, the enhancement of the EE System, and how to request an EE Certificate of Compliance to be able to conduct business with the State.
  
  The EE Act came into operation in 1998 with the purpose of achieving equity in the workplace by – promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and implementation of affirmative action measures to redress the disadvantages in employment experienced by designated groups – in order to ensure their equitable representation in all occupational categories and levels in the workforce.
  
  The next workshops will be held next week simultaneously on 10 June 2025 and 12 June 2025 in Mpumalanga Province (Khayalami Hotels – Mbombela 29 van Wyk Street; Khayalami Emalahleni 29 Prinsberg) and North West Province (Klerksdorp and Rustenburg). More information on the venues is available on the departmental website and social media platforms.
  
  The remaining schedule of 2025 national workshops is as follows:
  
  Free State
  
  ·       Welkom (18 June 2025) - venue (TBC)
  
  ·       Bloemfontein (19 June 2025) - venue (TBC)
  
  Northern Cape
  
  ·          Kimberley (18 June 2025) - venue (TBC)
  
  Western Cape
  
  ·       George (24 June 2025) – venue (TBC)
  
  ·       Cape Town (15 May 2025) – venue (TBC)
  
  Limpopo  
  
  ·       Thohoyandou (24 June 2025) – venue (TBC)
  
  ·       Polokwane (25 June 2025) – venue (TBC)
  
  The EE workshops are targeted at Employers or Heads of organisations, employees and trade unions, Assigned Senior EE Managers, Consultative EE forum members, Human Resource Managers, and Practitioners, Academics, Civil society, and interested stakeholders.
  
  These are held from 09:00 to 14:00 in the respective venues and members of the media are invited.
  
  More information on the EE workshops, including updates on the venues to be used, will be available on the department's and the CCMA's social media platform as well as the Department's website:  www.labour.gov.za
  
  For media inquiries, please contact:
  
  Teboho Thejane
  
  Departmental Spokesperson
  
  082 697 0694/ teboho.thejane@labour.gov.za
  
   
  
  -ENDS-
  
  Issued by: Department of Employment and Labour
  
   
  
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