Important deadline for employers in South Africa hitting tomorrow

 ·14 Jan 2025

Employers will have until tomorrow, 15 January to submit their annual 2024 Employment Equity (EE) reports.

The deadline for employers to submit their 2024 Reports (EEA2 & EEA4 forms) will be at midnight on 15 January 2025.

Although the Employment Equity reporting season for both manual and online opened on 1 September 2024, the deadline for manual reporting the period closed on 1 October 2024.  

The deadline comes after President Cyril Ramaphosa signed the proclamation notice giving effect to the start date on the implementation of the Employment Equity (EE) Amendment Act on 1 January 2025.

Nevertheless, the Department of Employment and Labour said that employers are expected to use EE legislation that predates the 2022 amendments.

The EE Amendment Act was assented into law by the President in 2023, with the implication of the signing meaning that small businesses (those employing less than 50) are exempt from developing EE plans and submitting EE reports to the department.

The department said that the main objectives of these EE Amendments include the following:

  • To reduce the regulatory burden for small employers, i.e. those employers that employ from 1 to 49 employees will be excluded from complying with the provisions of Chapter III of the EEA;
  • To empower the Minister to regulate the sector-specific numerical EE targets; and
  • To promulgate Section 53 to enable the issuing of EE compliance certificates as a prerequisite for access to contracts for doing business with any organ of the state.

According to the department, 18,015 employment equity reports were submitted by designated employers in the 2023/24 financial year, which includes over 7 million employees.

A submitted EE report/plan must also contain the prescribed information and must be signed by the CEO of the designated employer.

The EE legislation also gives powers to a labour inspector to enforce the implementation of the EE Act.

A failure to submit an EE report is an offence punishable by a fine, with any employer unable to file a report needing to notify the Director-General of the Department in writing if it is unable to report as contemplated in the Act and give reasons.

What you need to know

Kerry Fredericks, Director at Werksmans Attorneys, said that the most noteworthy change coming from the EE Amendment Act allows the Minister of Employment and Labour to set numerical targets for the 18 different sectors identified by the Minister.

The sectoral numerical targets are aimed at ensuring that there is equitable representation of historically disadvantaged groups based on race, gender, and disability at all occupational levels in the workforce.

Once the laws are enforced designated employers will have to comply with the sectoral targets.

Despite two separate and incredibly different draft regulations setting out the proposed sectoral targets already being published, the Minister is yet to issue a final version of such regulations.

This has led to some fears and concerns amongst the various sectors.


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