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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter III : Affirmative Action

21. Reports

 

(1) A designated employer must submit a report to the Director-General once every year on such date and in such manner as may be prescribed.

[Section 21(1) substituted by section 7(a) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

 

(2) [Subsection (2) deleted by section 11(b) of Act No. 47 of 2013]

 

(3) [Section 21(3) deleted by section 7(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

 

(4) [Section 21(4) deleted by section 7(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

 

(4A) An employer that is not able to submit a report to the Director-General within the period prescribed in terms of subsection (1) must notify the Director-General in the prescribed manner and period giving reasons for its inability to do so.

[Section 21(4A) substituted by section 7(c) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

 

(4B) The Director-General may apply to the Labour Court to impose a fine in accordance with Schedule 1, if an employer—
(a) fails to submit a report in terms of this section;
(b) fails to notify and give reasons to the Director-General in terms of subsection (4A); or
(c) has notified the Director-General in terms of subsection (4A) but the reasons are false or invalid.

[Subsection (4B) inserted by section 11(d) of Act No. 47 of 2013]

 

(5) [Subsection (5) deleted by section 11(e) of Act No. 47 of 2013]

 

(6) Every report prepared in terms of this section is a public document.