All employers, regardless of sector and employing 10 and more people, are considered relevant employers, the Employment Equity Commission (EEC) has stated.

The Ministry of Labour, Industrial Relations and Employment-Creation’s acting executive director Otniel Podewiltz said in a media release last week that the provisions of the Affirmative Action Act 29 of 1998 apply to all these employers, inclusive of the requirement to submit annual Affirmative Action reports to the EEC. 

The EEC further provided clarity on
the newly-identified Relevant Employers’ class, following the reduction of the threshold from 25 to 10 and above employees. 

“The reduction notice was published
in the Government Gazette on 15  September 2022. Prior to 15 September, affirmative action (Employment Act 29 of 1998)
only applied to employers employing 25 and above employees, and only those employers were required to submit Affirmative Action reports annually to
the EEC,” Podewiltz reiterated.

Effective 15 September 2022, the Act now applies to all employers employing 10 and above employees. 

In accordance with Section 27 of the Act, the newly-identified relevant employers have 18 months from the date of the notice before they must submit their first affirmative action reports. Submissions
are thus expected on 15 March 2024.

The policy decision is that, until further notice, employers employing between 19 to 10 employees are not required to start the submission of Affirmative Action reports on 15 March 2024. In respect of these employers, specific arrangements
and dates for the submission of the first Affirmative Action reports will be
made.

These dates can only be provided after the consultation process on the nature and content of the reports they would be required to submit is completed.

-Nampa