Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - South Africa (Ratification: 1997)

Legislation. The Committee notes with interest the adoption of the Employment Equity Amendment Act, 2013, amending the Employment Equity Act, 1998, as well as the Employment Equity Regulations, 2014, and the Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value of 1 June 2015. The Committee notes the Government’s indication that the main purposes of the amendments to the Employment Equity Act, 1998, are to be more specific on the principle of equal pay for work of equal value and to strengthen the compliance and enforcement mechanisms in the Act, including by increasing fines. The Committee notes that section 6(1) of the Employment Equity Act, 1998, as amended in 2013, includes in the list of unfair grounds of discrimination, a provision on discrimination on the basis of arbitrary grounds; that the burden of proof in relation to unfair discrimination has now been made clearer for both listed and arbitrary grounds, and that the Commission for Conciliation and Arbitration is now available to arbitrate on discrimination cases, including sexual harassment cases. The Committee requests the Government to provide information on the implementation in practice of the Employment Equity Act, 1998, as amended in 2013, the Employment Equity Regulations, 2014, and the Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value with respect to the aspects covered by the Convention. The Committee also requests the Government to provide information on any other arbitrary ground considered by administrative or judicial decisions, as well as any discrimination cases addressed by the Commission on Human Rights, the Commission for Employment Equity, the Labour Court and the Commission for Conciliation and Arbitration with respect to the principle of equality and non-discrimination in employment and occupation.

The Committee is raising other matters in a request addressed directly to the Government.