Designated employers must if they operate in more than one sector, apply the numerical targets for the sector in which the majority of their employees are engaged, this was said during an Employment Equity (EE) workshop.

Delivering a presentation on EE General Administrative Regulations and Sector Targets 2025, Department of Employment and Labour, Deputy Director of EE, Masilo Lefika also said when developing the Employment Equity plans the employers must also: comply with the numerical targets set in terms of section 15A (3) for the economic sector in which they operate; and refer to the EEA17 of the regulations to determine the sector they operate in.

Lefika was speaking during an EE workshop held at Kopano Nokeng Country Lodge & Conference Centre in Bloemfontein. The workshop is part of a national roadshow held under the theme: “Bridging the Equity Gap Through Diversity & Inclusion". 

On 1 January 2025 the Employment Equity Amendment Act, No. 4 of 2022 came into effect and this was followed on 15 April 2025, by the release of General Administrative Regulations and Regulations on Sector Numerical EE Targets. 

Designated employers who start operations, or become designated employers, from 1 April 2025, must prepare an EE Plan for the remainder of the period until 31 August 2030.

According to legislation, a designated employer that has exceeded the numerical target set for a particular designated group at an occupational level should continue to set targets that maintain compliance with the Economically Active Population (EAP). Designated employers must set numerical goals and annual EE targets at the semi-skilled and unskilled occupational levels in their EE Plans in terms of Section 20(2) of the EE Act. Also, designated employers' compliance will be assessed against their annual targets set towards meeting the relevant 5-year sectoral numerical targets.

A designated employer will incur no penalty or any form of disadvantage if there are reasonable grounds to justify its failure to comply with any target.

“Section 15 protects the non-designated groups. There is no law that calls for the replacement of any race group to redress past injustices in the workplace. Any injustice is protected by the Labour Relations Act," Lefika said.

“EE is bout diversity and inclusivity," he said. He further said that while there is no EAP for people with disabilities for now, employers would have to look at workforce profiles to effect transformation for the group.

The classification of national economic sectors for the purposes of compliance with the implementation of EE Act are as follows: Accommodation and Food Service Activities; Administrative and Support Activities; Agriculture, Forestry & Fishing; Arts, Entertainment and Recreation; Construction;  Education; Electricity, Gas, Steam and Air Conditioning Supply; Financial and Insurance Activities; Human Health and Social Work Activities; Information and Communication; Manufacturing; Mining and Quarrying; Professional, Scientific and Technical Activities; Public Administration and Defence, Compulsory Social Security; Real Estate Activities; Transportation and Storage;  Water Supply, Sewerage, Waste Management and Remediation Activities; Wholesale and Retail Trade; Repair of Motor Vehicles and Motorcycles.

Department of Employment and Labour Free State Province, Chief Director: Provincial Operations (CD: PO), Emily Maneli said the annual gathering was about engaging with and assisting employers struggling with the submission of EE reports.

“There has been a lot of misinterpretation, misinformation, and misunderstanding on the new EE legislation. We are here to engage with stakeholders on how to work together in dealing with issues of transformation of workplaces," Maneli said.

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.

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 last four workshops will be held on revised dates in the Western Cape (George 08 July 2025, Cape Town 10 July 2025) and Limpopo Province (Thohoyandou 09 July 2025, Polokwane 11 July 2025).

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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