The employment equity (EE) reporting period is currently underway and all designated
employers need to submit their annual 2023 employment equity reports.
The deadline for employers to submit 2023 Reports (EEA2 & EEA4 forms) is 15 January
2024 at midnight. The Employment Equity reporting season for both manual and online
opened on 1 September 2023. For manual reporting the closing date was 02 October
2023.
The relevant forms to submit are obtainable from the online services tab of the
department’s website at www.labour.gov.za
The 2023 EE Reporting process by designated employers is based on the current EE Act
and not the EE Amendment Act, 2022. The starting date of the EE Act Amendments is still
pending as the effective date is still awaiting the President’s signature.
The Employment Equity Amendment Bill was passed by Parliament, i.e. the National
Council of Provinces (NCOP) and the National Assembly, on 17 May 2022. The
Employment Equity Amendment Act, No 4 of 2022 was assented into law by the President
on 6 April 2023 and published in Government Gazette on 14 April 2023.
Key objectives of the Employment Equity Amendment, 2022 include the following:
- To reduce the regulatory burden on small business (those who employ 1-49
employees) – not to be regarded as designated employers. - Empower the Minister to regulate sector specific EE numerical targets in order to
ensure the equitable representation of suitable qualified people from designated
groups; - To promulgate section 53 of the EEA for the issuing of the EE Compliance
Certificate as a prerequisite for access to state contracts – doing business with any
organ of state.
Submission of annual equity report is prescribed in accordance with the Employment
Equity Act of 1998. The purpose of Employment Equity Act is to promote equal opportunity
and fair treatment in employment through the elimination of unfair discrimination,
implementing affirmative action measures to redress the disadvantages in employment
experienced by designated groups and to ensure their equitable representation in all
occupational levels in the workforce.
A submitted report must contain the prescribed information and must be signed by the
Chief Executive Officer of the designated employer.
In terms of the EE legislation a labour inspector has powers to enforce the implementation
of the EE Act. Failure to submit an EE report is an offence and is punishable by a fine. Any
employer unable to file a report must notify the Director-General in writing if it is unable to
report as contemplated in the Act and give reasons. - According to the 23rd Commission for Employment Equity (CEE) Report during the 2022
- employment equity reporting cycle 27 532 employment equity reports were submitted by
- designated employers, which included 7 215 960 employees. This was an increase of 1.9
- % of reports received against the previous year.
- CEE is a statutory body established in terms of section 28 of the Employment Equity Act
- to advise Minister of Employment and Labour on matters pertaining to advancement of EE
- Act.
