Employment Equity – Certificate required for contracting with the State

In terms of the section 53 of the Employment Equity Act 55 of 1998 (the Act), any person or entity wishing to make an offer (such as a tender application) to enter into a contract with the State or an Organ of State is required to produce a certificate that confirms compliance with the applicable sections of the Act, failing which no contract may be entered into with such a person or entity.

Designated employers (those that are required to make employment equity submission to the Department of Labour) are required to ensure compliance with chapters II (non-discrimination) and III (affirmative action measures which includes the duty to make a submission to the Department) of the Act. Non designated employers are required to ensure that they are complaint with chapter II of the Act.

The deadline for electronic submissions is fast approaching (15th of January 2019). If you are a designated employer, the failure to submit may result in you not being in a position to secure the relevant certificate thereby severely limiting your ability to contract with the State in the next year.

Please contact us if you require any assistance with the above or any further information. 

Regards

Fred Joubert 
fred@dmrlaw.co.za