ATC240326: Report of the Portfolio Committee on Employment and Labour on the Petition by Solidarity and Cape Forum on Employment Equity (EE) Regulations, which was referred to it, Dated 6 March 2024

Employment and Labour

Report of the Portfolio Committee on Employment and Labour on the Petition by Solidarity and Cape Forum on Employment Equity (EE) Regulations, which was referred to it, Dated 6 March 2024

 

The Portfolio Committee on Employment and Labour, having considered the contents of the Petition by Solidarity and Cape Forum on Employment Equity (EE) regulations, which was referred to it, as per ATC 95 of 13 July 2023, reports as follows:

After the Portfolio Committee on Employment and Labour received a briefing from the Department of Employment and Labour on 15 November 2023, two factual points emerged, namely:

• That the Petition is inaccurate. The 2023 Employment Equity Regulations do not exist. There is nothing of that sort, and what existed were the Draft Employment Equity Regulations on the proposed Sector Numerical Employment Equity (EE) Targets. These were drafted and published to invite comments from the public, all stakeholders and Interested Parties, including Solidarity and Cape Forum. Solidarity did submit its comments. All the considered comments produced the Revised Draft EE Regulations on proposed Sector Numerical Targets, that will once again be published for public comments; and
• The Petition has been overtaken by developments in that, the settlement agreement between Solidarity and Government of the Republic of South Africa (RSA) has been made a Court Order in June 2023. In addition, the Solidarity Labour Court case (Case no. J661/23) on the alleged unconstitutionality of certain sections of EE Amendment Act, 2022 has since been withdrawn by Solidarity, at the Labour Court hearing held on 31 October 2023.

The Portfolio Committee was also informed that the settlement agreement referred to above, will form part of the final EE Regulations to be published after commencement of the EE Amendment Act 2022. The Committee is therefore satisfied with the response of the Department and recommends that the House considers the Report.

 

Report to be considered.