The purpose of the Employment Equity Act, 55 of 1998, is to achieve equity in the workplace by promoting equal opportunity and fair treatment through the elimination of unfair discrimination and implementing affirmative action measures to ensure the equitable representation in all occupational levels of designated groups.

The effective date of the recent amendments to the Employment Equity Act, which was signed by President Ramaphosa on 14 April 2023, is yet to be proclaimed.

Whilst there have been several notable amendments, the most controversial relates to the power given to the Minister of Employment and Labour in section 15A to identify national economic sectors and set numerical targets in each of these sectors.

The draft sectoral numerical targets (draft targets) were published on Friday 12 May 2023. Interested parties have been given 30 days to comment.

The focus of the draft targets is top and senior management and professionally qualified and skilled levels and people with disabilities.

The draft targets indicate that an employer in one of the 18 economic sectors that has been identified, is required to employ a certain percentage of Black, Indian, Coloured and White male and female employees.

The draft provincial targets will apply to those employers that operate in the relevant province while the draft national targets will apply to those employers that operate nationally.

The 18 economic sectors identified include mining, manufacturing, financial and...

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