The Bukalo Village Council says poor record-keeping, limited knowledge of affirmative action requirements and a lack of guidance have led to it not complying with employment equity legislation.
This comes after its first affirmative action report was rejected by the Employment Equity Commission (EEC).
The council was summoned before the commission’s review panel yesterday to explain its non-compliance after its report was rejected over incomplete workforce data, missing information and the failure to follow prescribed reporting requirements.
A final decision is expected within the next seven working days after the commission deliberates on the council’s submission.
The reporting period was also questioned. Instead of covering the required 12 months, the report ran from 1 January 2026 to 1 January 2027, while the information submitted covered only six months.
Human resources manager Victor Siyema yesterday told the panel the council’s record-keeping system was not properly in place, making it difficult to compile a compliant report.
“The challenge there was the record-keeping management system, which was actually not in place at that time. That is why the chief executive started engaging the commission in terms of compliance,” he said.
Siyema said the council’s current leadership, including its chief executive who assumed duty in August 2023, had been trying to establish the necessary procedures and address outstanding administrative work.
He admitted that the council had not sought training from the commission before receiving the recent correspondence and struggled to understand the guidelines and requirements.
“We just want them to guide us, train us and show us the way to go forward and to comply. We are ready to do that anytime with the commission,” he said.
He also acknowledged that they did not have an affirmative action committee representing employees.
Siyema pledged to address the shortcomings and called for more outreach programmes and training to help employers meet their statutory obligations.
Review officer Josephine Shailemo told the panel that the council submitted its first affirmative action report on 1 June.
She issued a letter outlining its shortcomings on 17 June and recommended its rejection on 30 June.
Among the deficiencies was the failure to use the prescribed reporting template and complete all required tables, including those covering numerical employment goals, salary scales across job categories, and employee benefits.
Shailemo said the council copied its employee motivation plan directly from the commission’s template instead of developing its own, as required under Section 27(2)(a) of the Affirmative Action Act.
The report further lacked records of consultations with employees, including meeting minutes, raising questions about whether the required engagement had taken place.
Shailemo said the council failed to correct the identified shortcomings within the stipulated period, prompting her to recommend rejection.
The commission endorsed the recommendation, citing non-compliance with Section 24 of the act and referring to Section 47(2), which provides for a punishable offence.
Review panel chairperson Robert Dirkse said the proceedings were intended to promote accountability and compliance rather than punish the employer.
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