Labour minister Mildred Oliphant has slammed calls for the scrapping of South Africa’s employment equity and affirmative action policies – and is now considering approaching President Jacob Zuma to enact the punitive sections of the respective BEE laws to actively punish non-compliant businesses.<\/p>\n
Speaking at the release of\u00a0The Employment Equity Commission (EEC) for South Africa’s workplace report, Oliphant said that not enough was being done to transform the workplace.<\/p>\n
According to the report, Africans constitute 14.4%, Indians 8.9%, Coloureds 4.9% and foreign nationals 3.4% of top management positions.<\/p>\n
The Minister said some commentators ridicule the maximum amount that an offending employer could be fined, as too small to be a deterrent as some employers simply budget for it just in case they get caught.<\/p>\n
\u201cIt is this state of affairs that leaves us with no option, but to consider, drafting-in harsher consequences for non-compliance. It\u2019s time to \u2018up the ante\u2019 and this may include promulgating the \u2018stick\u2019 sections of the Employment Equity Act because quite frankly, the \u2018carrot\u2019 sections have not delivered the desired results,” said Oliphant.<\/p>\n
\u201cWe are seriously considering approaching the President to enact the more punitive Sections and Chapters of the EE Act, which were, initially excluded from the earlier promulgation.”<\/p>\n
\u201cThis will give the Employment Equity Act real teeth and will bite where it hurts the most, and that is, designated employers\u2019 revenue,\u201d\u00a0said the minister.<\/p>\n
However, Oliphant said progress has been made to redress the past even though there is still a long way to go. She said her department has strengthened the existing labour laws and that the amendments to the Employment Equity Act were signed into law in January 2014.<\/p>\n
\u201cWhilst the general tendency is to blame the employers for non-compliance, I strongly believe that there are instances where workers, unwittingly add to this problem through complacency,\u201d said Oliphant.<\/p>\n
\u201cWorkers must become the extra eyes and ears of our inspectorate and the Commission, and report things that appear to be violations. Workers need to understand the implications of not making time and effort, to ensure that nothing about them, without them, is allowed to go unchecked.”<\/p>\n