Contrary to recent misleading media reports regarding the proposed amendments to the current Employment Equity Act No. 55 of 1998, they have not, in fact, even been signed into law, says Andile Thloaele, BBBEE consultant and expert.
Elena-Schweitzer
Thloaele explains: "One of the objectives of the proposed amendments is to rectify existing anomalies and to clarify uncertainties that have arisen from the interpretation and application of the current Employment Equity Act."
A revision of the definition of "designated groups" is one of the proposed amendments. This change is designed to ensure that beneficiaries of affirmative action are limited to South African citizens by birth or descent and naturalised persons who were citizens of South Africa before 27 April, 1994, or would have been entitled to citizenship before that date.
These proposals would have the result that the employment of persons who are foreign nationals, or who have become South African citizens after 27 April, 1994, cannot assist employers to meet affirmative action targets. This proposed change is consistent with changes that are contained in the Amended Broad-based Black Economic Empowerment (BEE) Act No. 53 of 2003.
Constitutional right affirmed
"White women have never been included as part of Black Economic Empowerment, nor are they now excluded in terms of the proposed Employment Equity Act amendment," further explains Tlhoaele.
Instead, the proposed new definition of designated groups affirms the constitutional right of white women, disabled persons including white males, African, coloured and Indian persons, who are citizens of the Republic of South Africa by birth or descent; or who became citizens by naturalisation which occurred before 27 April, 1994; or who would have been entitled to citizenship before that date but were excluded due to the policies of the past, to all be included as beneficiaries of affirmative action.
"It is critical that employers and employees understand the facts regarding employment equity and not simply believe rumours or unsubstantiated stories," ended Thloaele.
