Transformation and EE Discussion

Jimmy Manyi

President of

Black Management Forum (BMF

Setting the record straightMedia noise

• Manyi to Choose - DG of Labour or BMF President– BMF AGM Oct 2009 pronounced loud, clear and unambiguosly.

– Minister of Labour May 2010 – No Ultimatum/Directive to choose.

– Inherently Complimentary.

• BUSA Presidential Election– Balance of Power e.g Labour Brokers

– Drowning of Black Bus voice in BUSA.

– Plastic Unity to Real Unity

– Never attacked an individual but Lobsided structure.

Memory Lane

Evolution of BBBEE – BMF Point of View• 1997 BMF Conference in Stellenbosch

• BEECOM – Chairman, Cyril Ramaphosa

• 1999/2000 Handed a Report to Government

• 2002 Stellenbosch ANC Conference adopted Strategy

• 2003 Gvt Strategy

• Transformation Charters; Sector Codes; BBBEE

CONTEXT

• Substance over Form principle• Sector specific nuances• Role of the Charters

– Social dialogue– Inform the BBBEE Codes

• BBBEE Codes to provide harmonisation– Reduce Complexity e.g Proc - IT,Bank,Agr, etc– Reduce Cost of doing business

• Options for the QSE’s ( Designated by T/O)– EE is Mandatory, Act of Parliament, Not optional.

CONSTITUTION of RSA Chapter 2 Bill of Rights Section 9(2)

“Equality includes the full and equal enjoyment of all rights and freedom. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons disadvantaged by unfair discrimination may be taken”

PURPOSE OF EE ACT

To achieve equity in the workplace by-

Promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination; and

implementing affirmative action measures to redress the disadvantages in employemnet experienced by designated groups to ensure their equitable representation in the workplace.

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Suitably qualified person (Starting Suitably qualified person (Starting Point- EE Act )Point- EE Act )

• Formal qualificationFormal qualification

• Prior Learning (Formal or experience gained elsewhere)Prior Learning (Formal or experience gained elsewhere)

• Previous experiencePrevious experience

• Capacity to acquire competence in a reasonable timeCapacity to acquire competence in a reasonable time

Population groupEconomically active (QLFS, September 2008)

Male Female Total

African 7,002.000 6,169 .000 13,171.000

  39.4% 34.7% 74.1%

Coloured 1,042.000 864.000 1,906.000

  5.9% 4.9% 10.8%

Indian 340.000 207.000 547.000

  1.9% 1.1% 3%

White 1,208.000 944.000 2,152.000

  6.8% 5.3% 12.1%

Total9,592.000 8,184.000 17,776.000

54% 46% 100.0%

EE REPORTS RECEIVED & ANALYSED - 2009

Reports received

Reports Excluded Reports included in analysis

Number of employees covered in analysis

10 580 3 351 7 229 2 977 862

TOP MANAGEMENT: RACE - ALL EMPLOYERS

0

20

40

60

80

Perc

enta

ge

% Workforce profile 13.6 4.7 5.9 72.8 3.1

% EAP 74.1 10.8 3 12.1 0

Africans Coloureds Indians Whites Foreigners

TOP MANAGEMENT : RACE - GOVERNMENT vs PRIVATE SECTOR 2008/9

0

50

100

Perc

enta

ge

Government 61.3 12.1 5.4 20.7 0.6

Private 12.5 4.9 5.9 73.7 3.1

EAP 74.1 10.8 3 12.1 0

Africans Coloureds Indians Whites Foreigners

TOP MANAGEMENT: RECRUITMENT & PROMOTIONS

Male Female Foreign National

TOTAL

African Coloured Indian White African Coloured Indian White Male Female

Recruitment

256 97 86 976 142 40 44 265 106 13 2025

12.6% 4.8% 4.2% 48.2% 7.0% 2.0% 2.2% 13.1% 5.2% 0.6%100.0

%

Promotions

188 77 93 660 85 35 45 255 33 7 1478

12.7% 5.2% 6.3% 44.7% 5.8% 2.4% 3.0% 17.3% 2.2% 0.5%100.0

%

SKILLED (TECHNICAL/ACADEMICALLY QUALIFIED) : RACE - ALL EMPLOYERS

0

20

40

60

80

Perc

entag

e

% Workforce profile 49.8 11.6 6.4 31 1

% EAP 74.1 10.8 3 12.1 0

Africans Coloureds Indians Whites Foreigners

BMF SUPPORTS the following

• Stiffer penulties for offending Companies

• Promulgation of sect 53

• Professionalisation of the Inspectorate

• Spot fines

• Use of EAP for target setting

• BBBEE Codes to replace all the Charters.

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THANK YOUTHANK YOU