Analysis of Sakeliga's Submissions on Draft Employment Equity Regulations 2024

Sakeliga challenges the methodology and transparency of the Department of Employment and Labour's proposed sectoral numerical targets as multiple requests for data and methodology explanations have allegedly gone unanswered by the Department. The current process is therefore being criticised as undermining meaningful public participation.

Key Points to Note in the Submission include:

Procedural Issues:

1. Lack of clear methodology explanations for target-setting

   1. Failure to respond to PAIA information requests within statutory timeframes

   2. Insufficient data provided to justify sector-specific targets
      

2. Substantive Concerns:

   1. Targets appear arbitrary and not based on sector-specific realities

   2. EAP (Economically Active Population) data used inappropriately as benchmark

   3. No clear consideration of availability of suitably qualified candidates

   4. Implementation challenges not adequately addressed
      

3. Legal and Constitutional Issues:

   1. Questions about rationality and lawfulness of regulations

   2. Concerns about shifting constitutional obligations to private sector

   3. Potential for judicial review due to procedural unfairness

   4. Lack of proper impact assessments
      

4. Business Impact:

   1. Impractical implementation requirements

   2. Unrealistic targets not aligned with sector capabilities

   3. Potential negative economic consequences

   4. Burden of compliance placed entirely on employers
      

5. Next Steps:

   1. Sakeliga proceeding with submissions despite information gaps

   2. Reserves right to challenge process through legal channels

   3. Calls for withdrawal of draft regulations

   4. Advocates for more transparent and consultative process

      
      

This document demonstrates a comprehensive critique of proposed employment equity regulations by Sakeliga, highlighting its views on both procedural and substantive concerns in the government's approach.

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