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Don't be like the SAPS. Consider these seven factors to ensure your EE Plan is lawful

by , 17 March 2016
Earlier this year, it was reported that the Labour Court declared the South African Police Service's (SAPS's) Employment Equity (EE) Plan invalid.

It was found that the plan amounted to nothing more than a quota system, which in itself was non-compliant with the EE Act as well as Section 2 of the Constitution.

Now, from this recent news, there appears to have been a misinterpretation, from the SAPS, regarding its numerical targets and goals.

And while numerical targets and goals, with the intention of creating equitable representation in the workplace, especially for members from designated groups, are important, there are many factors which could affect them.

These are factors which you have to consider!

It would appear that the SAPS set absolute targets and goals, with only the nation's demographics as its sole guide, without considering other factors.

So to ensure that your EE Plan is fair and lawful, always consider the following 7 factors before setting numerical goals in your EE Plan...


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The degree of under-representation of employees from designated groups in each occupational level within your company.


Present and planned vacancies.


The provincial and national demographics of the economically-active population of South Africa, as referred to in the statistics presented in the EE Act.


The pool of suitably qualified persons from designated groups, from which you may be reasonably expected to consider for recruitment.

Present economic and financial factors within your industry. As well as your own company's economic and financial circumstances.


The expected reduction or growth of your workforce within the timeframe for your targets and goals.


Trends and underlying reasons for labour turnover, especially among members from designated groups.
NOTE: The Code of Good Practice on the Presentation, Implementation and Monitoring of Employment Equity Plans says that you're under no obligation to introduce an absolute barrier regarding members who aren't from designated groups.

When determining your numerical goals, remember to consider the above-mentioned factors, instead of setting numerical targets based on absolute grounds, such as mere demographics for example.

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