Forward by Mpho Nkeli, Acting Chairperson, Commission for Employment Equity, Tenth Commission for Employment Equity Annual report, July 29 2010
This is the tenth Commission for Employment Equity Annual Report, making it imperative to pause and reflect on the progress made a decade later and to evaluate the effectiveness of the Employment Equity Act.
The Employment Equity Act (EEA), enacted more than 10 years ago, is meant to drive equality in the work place through equitable representation of employees from designated groups to broadly reflect the national demographics of the Economically Active Population (EAP) of South Africa. Whilst it stands to eliminate unfair discrimination at the workplace, it provides for fair discrimination to ensure that Africans, Coloureds, Indians, women and people with disabilities are equitably represented at all occupational levels.
This Commission for Employment Equity (CEE) Annual Report clearly indicates that White males still dominate the top echelons of our workplace, yet they are in the minority. This is exacerbated by the fact that the majority of recruitment and promotions into these levels are of White males. The picture on training and development is no different, where White males continue to benefit the most. This report is discouraging because it indicates a very
slow progress on transformation and potential to erode the insignificant achievement made to-date.
The labour market attributes the slow pace of transformation to lack of Black skills, however our tertiary institutions show an increased output of Black graduates, which has tripled over the past 10 years. The employers' employment equity (EE) reports indicate that the majority of professionals are Black people, which is contradictory to their excuse of lack of Black skills. On this basis, there should have been an evident progression of transformation than indicated in this report.
I refuse to believe that South Africa is devoid of Black talent and that Black people, including women and people with disabilities are genetically engineered not to succeed. I am left with no choice but to believe there is resistance to change and that the work environment is not conducive for Black people, particularly those with exceptional talent.
There was a demand for the sunset clause to transformation in the workplace by certain groups. Given the slow rate of transformation, this is premature. Apartheid had more than 10 laws and regulations which entrenched unfair discrimination of Black people and women in this country.
As a result, Black people in particular had limited access to quality education, freedom of association and movement, the country's wealth, natural resources and many others. To undo such travesty, laws have to be promulgated which also include the EEA. Legislated discrimination has engrained racism in our society, and the EEA is one such means to rid our workplace of racial prejudice.
The CEE therefore, reiterates that it is too early to discuss the sunset clause. Racism in South Africa, and indeed in the workplace, has not been seriously dealt with and sticking our heads in the sand will not make it go away.
Transformation has been topical long before the EEA was enacted. It is disappointing that 20 years after
the release of former President Nelson Mandela, progress in the workplace is at the minimal level.
I therefore beg to ask the question, how committed is the labour market to transformation? My greatest concern is, the contents of this report do not differ from those in the past and could contribute to polarising our society and potentially create a volatile situation, where the unemployed educated youth revolt against the slow pace of transformation.
However, the CEE is pleased with the positive effect of the Director-General (DG) Reviews and we believe increased capacity in the monitoring unit will go a long way to improving the pace of transformation.
Employment equity is the worst performing pillar of the BBBEE and requires extra effort by the Department of Labour and the labour market to make it work. One of the remedies available is giving EE a distinct measure during the tender process. The newly formed President's BEE Council will be engaged, amongst other things, to highlight the poor progress in the implementation of the EEA.
The recommended changes to the EEA will drive better compliance and introduce severe consequences for companies that flaunt the law.
The CEE has also re-defined the name and shame and praise process which will come into effect in 2011. It is a great pity that the country has to resort to tougher measures to drive transformation.
The labour market has the ability to innovate and be creative in the way they do business, I urge them to use the same innovation and energy to make meaningful transformation a reality in South Africa, because where there is a will, there is a way.
We cannot continue doing the same things and expect different results. This is the time for the labour market to invest differently in transformation to make it more meaningful, for all our sakes.
In conclusion, I express my gratitude to all my fellow Commissioners and the Secretariat for their commitment and dedication. On behalf of the CEE,
I thank the Minister for his unwavering support towards reaching the objectives of the EEA. I would also like to thank Jimmy Manyi, the former Chairperson of the CEE, for his leadership and wish him success in his new role as the Director-General of the Department of Labour.
Mpho Nkeli
Source: 10th CEE Annual Report 2009 - 2010, July 29 2010
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