Transformation and EE Discussion Jimmy Manyi President of

Transformation and EE Discussion Jimmy Manyi President of Black Management Forum (BMF

Setting the record straight Media 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.

Suitably qualified person (Starting Point- EE Act ) • Formal qualification • Prior Learning (Formal or experience gained elsewhere) • Previous experience • Capacity to acquire competence in a reasonable time 7

Population group African Coloured Indian White Economically active (QLFS, September 2008) Male Female Total 7, 002. 000 6, 169. 000 13, 171. 000 39. 4% 34. 7% 74. 1% 1, 042. 000 864. 000 1, 906. 000 5. 9% 4. 9% 10. 8% 340. 000 207. 000 547. 000 1. 9% 1. 1% 3% 1, 208. 000 944. 000 2, 152. 000 6. 8% 5. 3% 12. 1% 9, 592. 000 8, 184. 000 17, 776. 000 54% 46% 100. 0% Total

EE REPORTS RECEIVED & ANALYSED - 2009 Reports received 10 580 Reports Excluded 3 351 Reports included in analysis 7 229 Number of employees covered in analysis 2 977 862

TOP MANAGEMENT: RACE - ALL EMPLOYERS

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

TOP MANAGEMENT: RECRUITMENT & PROMOTIONS Male Female Foreign National TOTAL African Coloured Indian White Male Female 256 97 86 976 142 40 44 265 106 13 2025 12. 6% 4. 8% 4. 2% 48. 2% 7. 0% 2. 2% 13. 1% 5. 2% 0. 6% 100. 0 % 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 % Recruitment Promotions

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

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.

THANK YOU 15