Part 2 - The EEA Amendments & Draft Regulations: The impact and why employers must submit representations

Imraan Mahomed led the discussion with JJ van der Walt on the expected, yet rather uncertain, impact of the imminent promulgation of the EEA amendments and the recently published draft regulations proposing eighteen economic sectors and numerical targets determined by the Minister. Imraan highlights the need to understand the newly constituted risks, and the everlasting need to remain cognisant of the difference between quotas and numerical targets, since with Ministerial determination and legal enforcement of compliance, numerical targets may, in certain circumstances, constitute quotas, which are unlawful. Employers and interested parties must seriously consider actively participating in the process and submit submissions, especially considering the absence of transitional arrangements, amongst other glaring oversights and uncertainties.