Fear not, no one is going to be dismissed due to Affirmative Action – Department of Employment and Labour
29 May 2025

Niresh Singh, Deputy Director of Employment Equity in the Department of Employment and Labour, told a full-house EE Roadshow workshop that they were misinformed and made to be scared of the Amended Employment Equity Act.

Singh was addressing the EE Roadshow held by the Department in collaboration with the Commission for Employment Equity (CEE), and the Commission for Conciliation, Mediation and Arbitration (CCMA) at Southern Sun Elangeni and Maharani, in Durban, today, 29 May 2025.

Singh said the Constitution of the Republic of South Africa,1996 as well as our labour laws protect all workers and therefore, “Relax and fear nothing as no one will be dismissed due to Affirmative Action".

“We want businesses to succeed. There is nothing to be scared of, the Amended Employment Equity Act is intended to transform the workplace in line with the demographics of the country in terms of the economically active population," Singh said.

According to Singh, as per EEA15 and regulation 16, employers who fail to comply with their Annual EE targets can only rely on justifiable reasons/grounds being: 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 COVID pandemic on business, load- shedding, etc.

Commissioner Hlophe from the CCMA took the gathering through the Employment Equity Act case law, highlighting important issues that are prominent in dealing with such cases. The selected cases emphasised the duties and obligations of employers in dealing with unfair discrimination cases reported to them. He warned employers to stop being reluctant in dealing with cases of sexual harassment. “You must make sure that you attend to sexual harassment cases as directed by the law.

In closing the workshop, the Provincial Chief Inspector, Mlungisi Zondi reiterated the intention of the Amended Employment Equity being: 'to transform the labour market. He encouraged employers to not be afraid of including those who have been marginalised into the economy.

The Department and its partners use the workshops/roadshows to engage with various stakeholders in the labour market on the implementation of the new legislation and its regulations.

This year the roadshows are held under the theme: “Bridging the Equity Gap Through Diversity & Inclusion", and they 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 the 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 next workshop will take place in Pretoria on 03 June 2025 at Diep in Die Berg, 929 Disselboom Ave, Wapadrand. Workshops start from 09:00 -14:00 with registration starting at 08:00.

The remaining national workshops are scheduled as follows:

Gauteng

  • Johannesburg (04 June 2025) – venue (Cedarwoods of Sandton, 120 Western Service Road, Woodmead, Sandton.
  • West Rand / Vaal (05 June 20205) - venue (TBC)

    Mpumalanga
  • Nelspruit (10 June 2025) – venue: (TBC)
  • Witbank (Emalahleni) - (12 June 2025) - venue (TBC)

    North West
  • Klerksdorp (10 June 2025) - venue (TBC)
  • Rustenburg (12 June 2025) - venue (TBC)

    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 (25 June 2025) – venue (TBC)

Limpopo

  • Thohoyandou (24 June 2025) – venue (TBC)
  • Polokwane (25 June 2025) – venue (TBC)

The targets for these workshops are 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.

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 platforms, 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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