EMPLOYMENT EQUITY HEARINGS › ... › uploads › 2014 › 11 › ...Report-2016.pdf · EMPLOYMENT EQUITY REPORT 3 TABLE OF CONTENTS . 15. Presentation by Six Sons (Pty) Ltd. Trading

INVESTIGATIVEREPORT

E M P L O Y M E N T E Q U I T Y H E A R I N G S

2016 / 2017

Imagine a future freefrom gender oppression and inequality...

The Commission for Gender Equality

is striding boldly and with

determination into

this future.Join us.

Move with us.

Work with US to make this imagining

an irreversible reality.

ISBN: 978-1-920308-68-1

Cover Design / Design & Typesetting: Egoli Forms (Pty) Ltd.

Publisher: Commission for Gender Equality

Copy Editing: Nicky De Bene

COPYRIGHTS: 2017 Commission for Gender Equality. All rights reserved. No part of this publicationmay be reproduced, photocopied or transmitted in any form, nor any part of the report be distributedfor profit making purposes, without prior written consent of the Commission for Gender Equality.

PAGE

1. Introduction 6

2. Companies which appeared before the Commission 6

3. Legislation informing the Hearings 7

4. Objectives of the Hearings 7

5. Enabling Legislation and the Legal Process 8

6. Presentation by Mercedes -Benz South Africa 9

7. Presentation by Pick n Pay 14

8. Presentation by Rhodes Food Group (Pty) Ltd 19

9. Presentation by Big 5 Construction 22

10. Presentation by Vermeulens Build It 25

11. Presentation by Tiger Brands Ltd 26

12. Presentation by South African Breweries Pty Ltd. (SAB) 30

13. Presentation by Sasol 34

14. Presentation of H L Hall & Sons 38

E M P L O Y M E N T E Q U I T Y R E P O R T

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T A B L E O F C O N T E N T S

15. Presentation by Six Sons (Pty) Ltd. Trading as Kloppers 41

16. Presentation by Oos Vrystaat Kaap Operations Limited 44

17. Presentation by Mafikeng Toyota 47

18. Presentation by RCL Foods 50

19. Presentation by NWK Ltd 53

20. Presentation by EH Hassim 57

21. Presentation by Jonsson Workware 57

22. Presentation on Moorddrift Dairy Pty Ltd 60

23. Supplementary hearings 62

24. Conclusions 71

25. Appendix 1


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A B B R E V I A T I O N S A N D A C R O N Y M S

BBBEE Broad-Based Black Economic Empowerment

BCEA Basic Conditions of Employment Act

CGE Commission for Gender Equality

CEO Chief executive officer

DoL Department of Labour

EEA Employment Equity Act

EAP Employee Assistance Programme

EE Employment Equity

EXCO Executive Committee

HIPOS High Potential Talents

KPAs Key Performance Areas

KPIs Key Performance Indicators

LEAD Leadership, Evaluation and development

MBSA Mercedes Benz South Africa

MD Managing Director

MOU Memorandum of understanding

OVK Oos Vrystaat Kaap

PWDs People with Disabilities

SAB South African Breweries

SETA Sector education and Training Authority


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1. INTRODUCTION

In the financial year 2016/2017 the Commission for Gender Equality was required to

conduct transformation hearings with special focus on the private sector. The

purpose of this report is to present and analyse the findings of the hearings on gender

transformation in the private sector. The hearings were hosted by the Commission for

Gender Equality (CGE) from 24-28 October 2016, at the Parktonian Hotel in

Braamfontein, Johannesburg. Seventeen entities were invited or subpoenaed to

present their responses to 22 questions which had been sent to them prior to the

hearings. They had also been requested to furnish the Commission with

documentation concerning employment equity. This report is based on background

information and policy documents provided by the entities, findings by the CGE legal

department, the presentations by the entities themselves, relevant legislation, and

question and answer sessions with the commissioners after the presentations.

Conclusions are presented at the end of the report. Legislation regulating

employment equity in South Africa, especially the Employment Equity Act 55 of 1998,

was used as a guiding yardstick to analyse the content of background information

and presentations.

2. COMPANIES WHICH APPEARED BEFORE THE COMMISSION

The 17 companies which appeared before the Commission are:

• Mercedes Benz South Africa

• Pick n Pay

• Rhodes Food Group

• Big 5 Construction

• Tiger Brands

• Vermeulens Build It

• SAB Miller


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• Kloppers

• Sasol

• OVK

• Hall and Sons

• Mafikeng Toyota

• RCL Foods

• NWK

• EH Hassim Builders World

• Jonsson Workwear

• Moorddrift Dairy (Pty) Ltd

3. LEGISLATION INFORMING THE HEARINGS

The guiding legislation informing the investigation of entities’ compliance with

gender-equity principles, is the South African Constitution and the Employment Equity

Act (EEA). Other legislation which impacts on the assessment is the Labour Relations

Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997, the Skills

Development Act 97 of 1998, and the Promotion of Equality and Prevention of Unfair

Discrimination Act 4 of 2000. One of the aims of such legislation is proportional racial,

and gender representation in the workplace, and representation of people with

disabilities (PWDs), to further the Constitutional principles of equality, dignity and

freedom.

4. OBJECTIVES OF THE HEARINGS

The primary objectives of the hearings are to assess the impact of the EEA and to

hold the private sector accountable for non-compliance with legislation. The

Commission concedes that it is easier to transform companies in terms of race, but


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very difficult to transform in terms of gender. The hearings also intended to raise

awareness of national legislation and relevant international commitments.

Furthermore, they ascertain the vulnerabilities and risks experienced by women and

people with disabilities across various sectors and levels in the workplace. They assess

how companies themselves are dealing with their own non-compliance in terms of

the EEA. Finally, they identify challenges encountered and successes and progress

made in achieving equity targets for women and people with disabilities. They share

best practice models from companies which do comply with the EEA and related

legislations. In so doing, they assess measures in the workplace which achieve

transformation in terms of gender, race and disability. Findings are shared with the

Employment Equity Commission and the Department of Labour (DoL). Overall, the

hearings are intended to protect the vulnerable and voiceless and transform society

into what was intended in the preamble of the Constitution.

5. ENABLING LEGISLATION AND THE LEGAL PROCESS

The Constitution of the Republic of South Africa, 108 of 1996 prohibits discrimination

based on, inter alia, race, gender, sexual orientation, age, disability, etc. in Section

9(3). The Commission is a Chapter 9 Institution, and is one of the institutions supporting

constitutional democracy. The mandate of the Commission is contained in Section

187(1) of the Constitution of South Africa, which reads: “The Commission for Gender

Equality must promote respect for gender equality and the protection, development

and attainment of gender equality”. Section 187(2) grants the CGE “the power as

regulated by national legislation, necessary to perform its functions, including the

power to monitor, investigate, research, educate, lobby, advise and report on issues

concerning gender equality”. The enabling legislation of the Commission is the

Commission for Gender Equality Act 39 of 1996, as amended. In terms of Section

11.1(a)(i)-(iv) of the Act, the Commission “shall monitor and evaluate policies

and practices of organs of state at any level; statutory bodies or functionaries;

public bodies and authorities; and private businesses, enterprises and

institutions … and may make any recommendations that the Commission deems

necessary”.


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Section 4 of the Act stipulates that for the purposes of conducting such an

investigation, the Commission may call any person, by notice in writing served by a

sheriff, to appear before it, and to produce articles or documents. Any person

appearing before the Commission does so under oath or affirmation, and must be

competent to answer all questions put to him or her connected with the

investigation. Such a person may be assisted by an advocate or attorney or both.

Failure and/or neglect to appear may result in a criminal charge being instituted.

The hearings are structured as follows: The Commission comprises a panel of

Commissioners, supported by the legal department. Preliminary findings made by

the Commission’s legal team, based on the entities’ answers to the 22 questions

which were sent to them, and on background information, are presented. Entities

are then called to account and are represented by the accounting heads, such as

the managing director (MD) or chief executive officer (CEO) or their delegates. After

presentations, commissioners interrogate the information provided, and the

attendee has the right to reply.

The full process, of which the hearings are a part, is as follows: entities are asked to

submit specified information to the Commission. The Commission analyses the

information and makes preliminary findings. Investigative hearings are then held.

Supplementary hearings can be held, if necessary. A report is produced. The report

is presented to the National Assembly.

6. PRESENTATION BY MERCEDES-BENZ SOUTH AFRICA (MBSA)

Presented by CEO, Mr Arno van der Merwe, and the Executive Director of Human

Resources.

Mercedes-Benz South Africa (MBSA) is a public company in terms of the Companies

Act 71 of 2008. It has been operating in South Africa for approximately 70 years. It

is one of the largest employers in the East London locality.


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Women constitute 28.2 percent of the overall workforce of 3609 employees. Statistics

reflect that MBSA is doing well in terms of racial transformation, but is lagging behind

in terms of gender transformation. For example, in terms of executive committee

(EXCO) members, four are white males, one is an Indian male, one is a white female,

and one position is currently vacant. Within the occupational band “legislators,

senior officials and managers” women only represent 27 percent. The “clerks”

occupational band is the only stratum where women outnumber men. Such a lag

is also prevalent in respect of disability, where women are underrepresented.

Diversity, in particular relating to gender, is a mandatory goal for all executives within

the Daimler organisation.

MBSA focuses on diversity, creating a culture that values differences between

people. It is concerned about their socioeconomic well-being. It boasts 22 years in

transformation and gender equality. Gender progression is important, and it has a

learning academy, the purpose of which is to create technical competence at a

grassroots level. Out of an intake of 28 in 2016, 16 were women and 28 men. MBSA

boasts a graduate development programme, whereby graduates are brought into

the organisation on internships and bursaries. In 2015 the intake of women

outstripped that of men, with 64 percent of intake being women. In 2016, this levelled

off at 50 percent intake being men and 50 percent being women. It has a LEAD

(Leadership, Evaluation and Development) Performance Review, which focuses on

women’s development, by assessing individual performance and behaviour to

identify potential for the next hierarchical level. The CEO and executive leadership

take responsibility for gender transformation. There is also a transformation forum,

which is headed by a woman. Two women serve as organisational transformation

specialists. There is a capacity development programme for women and people

with disabilities.

There are systems that track skills development. Each employee has a development

plan. The Mercedes-Benz learning academy provides the necessary environment to

teach skills, extend knowledge and instil learning among future technical

and engineering specialists in MBSA, but also the greater community and South

Africa.


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There is a flexitime option in place, and, where possible and appropriate, people

can work from home. Laptops and modems are provided.

Awareness is created of the value of women in the workplace, through various

activities celebrating women, such as the celebration of Women’s Day.

A workplace practices survey is included in the Employment Equity (EE) planning

process. This survey relates specifically to gender and racial equality among

employees. Overall, more than 70 percent of employees who responded agree that

gender discrimination and racism are not experienced within the working

environment.

There is a sexual harassment policy, and there is zero tolerance of sexual harassment

in the workplace. It is available to all employees. MBSA notes that it has not

“conducted sexual harassment awareness campaigns in recent years, as cases

relating to sexual harassment in the workplace are minimal”. However, in 2017 an

awareness campaign will deal with policies that influence the working environment.

MBSA has a social and ethics committee. This covers anti-corruption, human rights,

labour standards and environmental protection. It is chaired by Ms Cheryl Carolus.

In 2016, R130 million was spent on the training academy for training and

development. There is an increasing focus on women with regard to artisan skills.

Staff retention is supported through the LEAD programme.

There is ongoing communication with employees on EE. Interview and selection

panels have a diverse range of representation to ensure transformation.

MBSA also supports external socioeconomic projects. In 1998, Nelson Mandela noted

the importance of this, during his visit to the East London plant in celebration of its

expansion. He said: “Your contribution to capacity-building presidential projects in

Bisho, your Siyakha housing project, and your investment in education and other

projects have set a shining example.”


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Discussion of MBSA’s presentation

The Commission applauds MBSA for its progressive approach in respect of a

comprehensive set of policies on gender transformation in the workplace. These

include a flexitime policy, the provision of empowerment programmes to upskill

employees, commitment to implement a gender diversity plan, compliance with the

legislative prescripts such as the designation of senior managers to oversee gender

transformation; and the support of the Business Women’s Association and its awards

programme.

The Commission said that there was very little in the presentation concerning policy

impact, but the presentation speaks to where transformation is going in general

within the company.

The numbers of top decision-makers are not a good indicator of gender equity,

although racially there is better demographic representation. White men dominate

the decision-making body. The Commission suggested that where vacancies

became available in the executive team, they should be ring-fenced for women.

MBSA is doing a lot in terms of skills development, and it is clear that they are working

very hard at addressing historical imbalances in the workplace.

The assumption that because very few cases of sexual harassment are reported

implies that they do not exist, is problematic. There may be a range of reasons why

it is not being reported. The Commission suggested that there could be a committee

on sexual harassment. It noted that it is difficult for women to come forward on this

issue, particularly in a male-dominated environment, where most managers in the

company are men.

The training academy is lacking intake on people with disabilities.

The respondents from MBSA said that progress with transformation is made and

measured over time, but concurred that the current statistics of gender equity and

people with disabilities are not at an acceptable level, and must improve further.


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One of the company’s transformation aspirations is to bring shop stewards

onto the transformation forum, to create awareness among employees of

transformation.

In terms of sexual harassment, there is a policy on general harassment, whereby a

process is in place for employees to report harassment without fear or favour. There

is a hotline which can be used to ensure confidentiality.

There is a learnership in place for people with disabilities. There are 30 people in a

technical learnership, and nearly 50 percent of them are women.

The Commission followed up, commending MBSA on training, but wanted to know

how many women benefit from this training.

The Commission noted that there are no childcare facilities at MBSA, and enquired

whether these were being planned for women advancing up the career ladder.

The Commission asked that MBSA note there is a White Paper on disability, and that

they should avail themselves of it.

The MBSA representative said they would revert back with figures on how much of

the R65 million spent on training, is spent on women.

The gender configuration of top management has improved: 15 percent of top

management is currently women, compared to 11.5 percent in 2013. In the

professional and specialists bracket, 36 percent are women.

The MBSA representative agreed that childcare facilities are an issue in the

transformation dialogues which have taken place. The issue is being dealt with at

the highest executive level, and costs are being researched. However, there is a

‘Mom’s room’ which is a breast-feeding room. This was set up in response to

employees’ requests in marketing and sales in Pretoria. However, none exist in the

production plant in East London.


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There is, as noted, a corporate social responsibility strategy for community upliftment,

with a focus on HIV/AIDS. There is also an employee volunteer programme (a

budget will be submitted). In 2014, R11.3 million was spent on corporate social

responsibility, and in 2015, R18.25 million was spent.

7. PRESENTATION BY PICK N PAY

Presented by Ms Pearl Maphoshe, Group Executive: Human Resources and Michelle

Lehmann, Head of HR Corporate, Western Cape.

Pick n Pay employs more than 37 000 people across the continent, in 1420 stores, at

top management, senior management and operational levels.

The employment profile of the company is as follows:

There are three women on the executive, and four women on the non-executive .

At top management level, 86 percent of staff is male. Of these, 77 percent are white,

9 percent are African, 4 percent are Indian and 10 percent are coloured.

At senior management level, 69 percent of staff is male. Of these, 51 percent are

white, 22 percent African, 9 percent are Indian and 18 percent are coloured.

At the operational level, 34 percent of staff is male and 66 percent female. Of these,

2 percent are white, 75 percent are African, 2 percent are Indian and 21 percent are

coloured.

The company recently appointed its first two African females at regional manager

level.

People with disabilities at all levels constitute 0.49 percent (181 out of 37 299) of all staff.

In total, the company employs 66 percent women which constitute 24 000 of the

37 000 employees.


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The company has a large supplier base, and it promotes gender diversity within this

sector as well.

Pick n Pay submitted that there is a scarcity of women with certain skills required in

the senior positions in the industry. The nature of the industry with regard to long

trading hours, and late and early shifts is not conducive to some women who have

multiple roles as mothers, wives and primary caregivers.

There are a number of ways in which women are advanced to senior and top

management levels. There is a women’s empowerment programme, which plans to

partner all graduates with members of the group executive for mentoring and

coaching. It is aimed at critical and scarce skills positions. There is an ‘insights

discovery’ programme, which is a customised retail management programme for

graduates. It has 8 males and 13 females. The company also prioritises women

candidates into the W&R SETAs retail management development and international

leadership development programmes. There is a women-only corporate retail

academy. There is a graduate development programme that prioritises women,

insofar as 80 percent of candidates are female. In the past financial year – 2015/2016

– 12 061 women at all levels were trained and upskilled at a cost of R56 997 484.

The company does not have a specific recruitment policy for women or people with

disabilities. It has one broad policy based on equal opportunities for all. A lot of work

is still to be done at top and senior management level, in terms of recruitment equity

for women.

The mechanism used for tracking the movement of women is a quarterly monitoring

process nationally, regionally and in all divisions.

The CEO and the entire group executive are responsible for working with the

transformation division for the purposes of gender transformation. Compliance with

gender transformation measures does form part of the performance review for the

CEO and group executive. Each store has its own equity plan and transformation

targets which it has to achieve.


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Pick n Pay do not have a flexitime policy or childcare facilities. The company submits

that it lacks the funds to build and run childcare facilities. However, shifts are

negotiated with women depending on their stage of pregnancy, their health, and

nursing mothers. Transfer requests are also considered.

The company runs a diversity awareness workshop. Only 20 percent of the staff have

attended thus far; more sessions are scheduled.

The company has a sexual harassment policy, as well as induction training material

which focuses on sexual harassment. Induction is conducted on a monthly basis.

The policy is applicable to all employees, customers, suppliers and contractors, and

any other persons dealing with the company.

There have been 28 cases of sexual harassment from 2014 to date: 2 matters are still

pending and 26 have been finalised as follows:

12 dismissals; 4 final written warnings; 7 not guilty; 1 resigned; 2 suspended.

The company is introducing a Code of Ethics to guide conduct internally and

externally.

Other human resources policies in place include a recruitment and selection policy;

disciplinary and grievance procedure; training and development policy; policy

pertaining to employee wellness; HIV/AIDS policy, and succession and career-

pathing policy.

Top management level has been identified as the most problematic in terms of

transformation and EE. It is the area where the most digression from the achievement

of the company’s EE plan is reflected. Although some profiles may have improved

at this level, for example, African male and female groups have grown since the

inception of the plan in October 2014, the progress is over-shadowed by the fact

that this level has had an enormous overall growth of 61 positions or 40 percent since

2009, and a total of 46 positions or 75 percent of those opportunities went to white

males and to a lesser extent, to white females.


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It is further noted that improvement at top and senior management levels is also

seriously curtailed by the attitudes and actions of the corporate divisions, which seem

to take very little notice of the company’s EE plan.

The EE targets were satisfactorily reached at the operational level. However, there

seem to be bottlenecks in the upwards mobility of these employees to senior and top

management.

The newly established corporate (regional) forum will assist in monitoring adherence

to, and progress in, EE plans. Furthermore, EE has been made an integral part of

senior management Key Performance Indicators (KPIs) that will be measured, with

continuous monitoring of adherence to HR policy on recruitment by the internal audit

division.

In 2016, the overall retention rate was 95.5 percent, of which 79.7 percent were

males.

Selection and appointment panels consist of experts in the positions being filled, and

line management. Often there is a woman or a PWD on the panel, depending on

the person interviewed.

The EE plan set a target of 1.25 percent of people with disabilities employed by 30

September 2018. The current figure is 0.49 percent. In 2014 there were 109 people

with disabilities employed; in 2016, there are 118. In many stores, the environment is

not conducive for people with disabilities, as there is a lack of accessibility to some

training venues, canteens and ablution facilities. However, the company has

committed itself to a focused recruitment drive of PWDs throughout.

Current efforts to create diversity awareness, including PWDs, will continue through

diversity awareness programmes. A recommendation has been made to the

company to ensure that approved new store plans take into consideration facilities

for PWDs. The company works with Deaf SA and the Downs’ Syndrome Association,

to identify suitable candidates for employment. Disabled persons have been trained

to work at the till and to engage with customers.


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Discussion of Pick n Pay’s presentation

The Commission urged the company to take cognisance of the White Paper on

disability. It also said that all stores must be accessible to employees with disabilities.

The Commission noted that the executive level of the company was dominated by

white males. This raised the question of exactly how strong the company’s commitment

is to taking action against male domination and promoting gender equity.

In terms of the sexual harassment policy, the Commission asked whether there is a

strategy to ensure that women feel management is responsive to claims of sexual

harassment.

The Commission noted that R56 million is spent on training. It asked where the women

who have been part of this training are in the organisation.

Feasibility studies should be carried out on childcare facilities and that such facilities

could be in-house, or nearby.

The Commission pointed out that the assumption that long trading hours mitigated

against women wanting to work at the company, was gender-insensitive and

gender-blind. They proposed that if this attitude is adopted, women will not be found

to fill these positions, although they are there. Women must be specifically targeted

for these positions.

The representative said that the company intended to create 5000 new jobs by 2020.

In filling these positions, cognisance will be taken of transforming the workplace. She

pointed out that since the beginning of year two of their EE plan, executive positions

went to women. This shows real commitment to transforming the organisation. Top

positions do not become available often, so there is a bottleneck as far as women’s

advancement in the company is concerned.

In terms of succession planning, if appropriate candidates are not available within

the organisation to fulfil transformation targets, the company does look further afield

within the industry. In-house emerging talent is identified for people at senior level.


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The representative referred to the learning and development report, wherein learners

are disaggregated in terms of race, gender and disability.

The representative pointed out that there is a dedicated women’s development

programme, which senior managers attend. There are 13 females and 8 males on

the graduate development programme, and 45 percent of store managers are

women.

There is a specific recruitment policy for people with disabilities and women.

Scarce skills include specialist positions such as pharmacists, chefs, bakers and

butchers. Traineeships are run to earmark the development of these skills. In-house

training is given. The positions of buyers, planners, information technology specialists

and finance specialists are developed through the graduate development

programmes, that earmark these positions.

The Commission said that they would see the company in six months’ time. The CEO

must come back with further information.

8. PRESENTATION BY RHODES FOOD GROUP (PTY) LTD.

Presented by Job Mpele, HR Director and Bernadette Lakay, Corporate Affairs

Manager.

Rhodes Food Group was formed in 1999, as a family-owned business. Through a

process of acquisition, it has come to be what it is today. In 2014 it was listed on the

stock exchange. It is a producer of fresh, frozen and long-life meal solutions

sold in multinational markets. The company has 12 production facilities and two

farms.

There follows a disaggregated profile of top management, senior management and

operational positions.


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Top management: 100 percent is male. 85.7 percent is white, 14.3 percent is African;

74,3 percent of senior management is male, with 80 percent white, 2.9 percent

African, 0 percent Indian and 17.1 percent coloured.

At the operational level, 38.1 percent is male and 61 percent female, with 5.7

percent white, 52.2 percent African, 41.8 percent Indian and 21 percent coloured.

In the Western Cape Fruit Products plant seasonal employees are 90 percent black

women.

More than 50 percent of employees on the company’s management development

programme with MANCOSA are women.

PWDs at all levels amount to 0.55 percent of all staff.

The chairperson of the Rhodes Food Group Holdings Ltd of directors is Dr Yvonne

Muthien, a black female. The positions of group manager, group financial manager,

group corporate affairs manager were created, and all were filled by females.

There is an under-representation of African people and women at top level

management. There is an under-representation of African males and African

females at senior, middle and junior management levels. Generally, there is a low

level of representation of Indian people, particularly Indian females, at all levels of the

organisation. In order to align the organisation with the Employee Assistance

Programmes (EAP) targets, emphasis will be placed on the recruitment and training

of these under-represented race and gender groups.

There are no specific funds allocated to gender transformative measures. The EE

budget is used to implement all EE plans, including gender transformation.

The internship programme is not exclusively for women. However, it has 9 African

males and 13 African females. The certificate in business management learnership

has 1 Indian male, 9 coloured males, 9 African males and no white males. It has 1

Indian female, 3 white females, 7 coloured females and 16 African females. The


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food-handling learnership has 10 African males and 15 African females. The

apprenticeship has 5 African males and 2 African females.

The social and ethics committee oversees the implementation of gender

transformation policies. This includes the HR director and non-executive directors.

The attainment of gender transformation does not form part of the current appraisal

process.

Rhodes Food Group has no flexitime policy or childcare facilities.

The company does inform employees of all relevant policies, but it is not clear how

that is done.

The company submits that there is a need to increase representation of women in top

and senior management levels. The implementation of flexible working arrangements

is not always feasible in the timed production line sites. Anecdotally, a female industrial

engineer has been appointed. She has joined the business as an intern.

There is a sexual harassment policy which has been effectively utilised and has been

augmented by the fraud and ethics hotline implemented throughout the company.

Creating awareness of the policy is not done on an ongoing basis. Only two cases

have been reported since 2014. In the first, a final written warning was issued. The

plaintiff was satisfied with the outcome. There was insufficient evidence to proceed

with the second case.

The EE plan came into effect in 2008 and has been periodically updated, most

recently in February 2016.

Internship programmes, learnership programmes and bursaries will continue to be

provided to black employees as a priority. The current profile of disabled employees

will continue to be maintained.

Employees at higher levels need better skills and qualifications, which are sometimes

difficult to find. The current racial and gender composition of the executive


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committee (EXCO) is the same as it was at the inception of the business. This must

be rectified.

Discussion of Rhodes Food Group (Pty) Ltd.

The Commission said that the overall picture in terms of employment equity is very

bleak. There are no plans or strategies to address this, and it is not enough for the

company to say they are not happy with the existing state of affairs. The question is:

what do you do?

In terms of the sexual harassment policy, the Commission asked who is in charge of

the policies, how are they communicated, to whom and by whom?

There is no strategy or recruitment plan for people with disabilities.

The representative responded, saying that the social and ethics committee is

responsible for transformation.

They said that the gender and race profiles within the company change with each

acquisition. When untransformed companies are acquired, they have a big impact

on the racial and gender profile. There is a clear consciousness of promoting women

in the company, when opportunities arise.

In response, the Commission pointed out that the more companies that are

acquired, the more the Group has to commit itself to transformation. At the factory

level, there are 61 percent women and 38.1 percent men.

The Commission said it was not happy with the Rhodes Food Group. The CEO must

be available for follow-up hearings.

9. PRESENTATION BY BIG 5 CONSTRUCTION

Presented by CEO Mr Theo Paton.

The company is based in Kimberley. It is a construction and engineering enterprise.


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The nuclear staff are 82 percent male and 18 percent female.

There is a total of 69 staff; 57 are male, of which 36 are African, 15 coloured and 6

white. There are 12 females, of which 2 are African, 4 coloured, 5 white and 1 Indian.

At management level, there are 9 men, of which 4 are African, three coloured and

two white. There are 8 females, of which 2 are African, 1 coloured, 4 white and one

Indian. Top management comprises 6 males, of which 1 is African, 2 are coloured,

and 2 white. Of 6 females, 1 is African, 1 coloured, and 4 are white. Senior

management comprises 4 males, of which 3 are African, 1 coloured, and 2 females,

of which 1 is African and 1 white.

The office manager is responsible for gender transformation, which will form part of

her performance review going forward. The movement of women and PWDs is

tracked as part of the annual EE review and promotion process.

The CEO said that the current context of the construction sector in which the

company operates, must be understood. It is undergoing a huge downturn, resulting

in considerable constraints. The staff turnover is low, and the majority of employees

have been there for between 5 and 30 years. The company strives to keep its staff.

It has a policy of last in, first out on short-term contracts.

It is seen that women are better at management and administration than men are.

Women are mentored.

In restructuring the company, consideration was given to how it could diversify.

Personnel have been moved from construction into different structures in the group.

The company does not really know where it is going.

The challenge with gender transformation is that the work is mainly physical, and

women are not attracted to this sort of work. There are no specific funds for gender

transformation.


23

The EE forum sits annually to track the advancement of women.

There is no flexitime or childcare, but the need will be investigated.

There are no awareness programmes.

On 1 August 2016, a sexual harassment policy was introduced, as were a recruitment

and selection policy and a disciplinary and grievance policy. The office manager is

responsible for the implementation and oversight of transformation. The office

manager is allowed to use any resources available to them for transformation, going

forward. The annual EE review and promotion process forms the tracking mechanism

of women advancing in the company. Women and the disabled are targeted. All

staff receive ongoing training every day, on the job. A small business allows for this.

Men and women are trained. Flexitime and the provision of childcare facilities will be

investigated in future.

There are no formal steps for awareness of equity and discrimination. This has never

been a problem in the company. Likewise, there was never a need for a sexual

harassment policy. No formal steps have ever been taken in this regard. There have

been no cases and no prosecution.

There has been one case of a woman moving from the position of cleaner to logistics

manager. A white woman, with no experience in the beginning, is currently the

manager of the fencing department.

The biggest challenge can be identified as male domination because of the physical

manpower required in the industry, and women are not interested.

Few formal interviews are held because staff are there to stay. Ten of the current 12

women staff have been employed since before 2014.

Discussion of Big 5 Construction

The company can work with Sector Education Training Authorities (SETAs) to get

formal staff training, and to formalise a mentoring programme.


24

The numbers suggest that the company is not empowering women. There may be

reasons for this, but the company can still push women to do the work they want to

do. To suggest that the physical labour required is not attractive to women, is

gender-blind, and not appropriate to 2016. The company should identify women

who want to do the work.

There must be a clear policy on sexual harassment, and a complaints unit. It is not

possible that in such a male-dominated company, there are no incidents of sexual

harassment.

More formal policies are required to be compliant with gender equity.

The company will be called again next year to appear before the Commission.

10. PRESENTATION BY VERMEULENS BUILD IT

Presented by Deon du Plessis, CEO.

The operation is based in Kimberley. It is a retail outlet for building material and

hardware. It is a family-based enterprise, and the CEO is the owner.

The total number of staff is 89; 23 (25 percent) are female.

Its top structures are 100 percent white male. At the operational level, it is 97 percent

female.

The employment of women has improved from 2015-1016, with an increase from

22.22 percent to 25.84 percent.

It has no gender transformation policy.

It has no flexitime or childcare.

The challenge is the scarcity of women who are willing to work in this sector, and

there is a general shortage of talent in the industry. There are high rates of


25

urbanisation, and Kimberly is predominantly rural. Also, accommodation costs in

Kimberly are high. The industry is male- dominated, with a high staff turnover, but low

attrition at senior levels.

It has a sexual harassment policy. There is no sexual harassment.

It does run awareness campaigns on gender equality and discrimination. There have

been no reported incidents of sexual harassment.

It has a buddy system.

The representative conceded that in future the company must focus on

transformation, the recruitment and retention of women, talent development,

internal promotion, and collaboration with the CGE and the DoL.

Discussion of Vermeulens Build It.

The Commission asked what the company’s interpretation of “equal opportunities”

is. The representative said it meant that no person is discriminated against, and that

there should be a bias towards the recruitment of women.

The Commission asked whether the high staff turnover was women or men, and why

there is a low rate of attrition at the senior level. The Commission suggested that scarce

skills should be built in-house. The implementation of the understanding of equal

opportunities must demonstrate that the company is non-sexist. The Commission

advised the company that it wishes to meet with them after one year. The company

should then be able to give a better indication of what it intends doing in terms of

gender equity and the development of women. It suggested that the relevant SETAs

could help with gender transformation. It noted that a lot still needs to be done.

11. PRESENTATION BY TIGER BRANDS LTD.

Presented by T E Kodisang. Chief Human Resources Officer.

The constitution of top, senior and middle management, per gender, is as follows:


26

Top management: 9 males 2 females

Senior management: 69 males 27 females

Middle management: 314 males 181 females

Total: 8216 males 3519 females

The total number of PWDs is 39.

The workplace profile is monitored monthly through the Broad-based Black

Economic Empowerment (BBBEE) scorecard and the business takes it into account

when recruitment opportunities arise.

Senior managers in their respective divisions are responsible for implementing and

overseeing gender transformation. The company considers gender transformation

as one of the core responsibilities of leaders across the company. Although this may

be reviewed annually, the senior managers are held accountable for delivering

against targets and the BBBEE scorecard targets are usually linked to the company

bonus incentive scheme for all managers. Tiger Brands main Board and the Exco

leadership team have oversight of the middle, senior and top management profiles

which are managed and directed by the nominations committee. While there is no

formal gender transformation programme or associated budget, Exco and sub-

committees of the main Board have oversight of the company’s talent profile and

actively drive the promotions and career progression of talented female employees.

The company’s learning programmes are designed to step change personal

development planning of all employees to build personal capability and to build the

pipeline for future senior appointments. The strategy is to buy less talent and build

more from within, and therefore, the company places significant focus on female

advancement but there are no distinct female-targeted or people with disabilities

development programmes. A specific programme to attract people with disabilities

into the organisation in various roles will be undertaken in 2017. Thirty-seven percent

of all learning spend in 2015 was on female employees. The company has a bursary

and graduate programme investment, the number of females being 22 against 19

males from 2014-2016. There is a young talent programme, which constitutes 53

percent female; a learnership and workplace experience programme of which 46

percent are female; shop floor development learnerships constituting 18 percent


27

female; and a trainee miller programme, of which 33 percent are female, in a very

male-dominated profession. The management of the company’s high potential

talent (HiPOs) is managed centrally and is key to driving gender transformation.

Forty-one percent of all HiPOs are female leaders and all of them have detailed

career development plans and have had detailed career discussions with their

leaders. However, a gender-specific transformation programme must be developed

and implemented. The company does not recognise differential capacity between

men and women, and there are no mentorship or capacity-building programmes

aimed at accelerating women and PWDs to senior and top management positions.

The annual EE reports and the quarterly EE forum meeting track the upward

movement of women and persons with disabilities to top and senior management

positions. The entire workforce profile is monitored monthly by the business and

executive leadership teams through the BBBEE scorecards. The company’s

recruitment policies do not specifically target women and people with disabilities for

recruitment to senior positions, but African women and PWDs are targeted. No

gender-focused recruitment panels or interviewing arrangements are currently

practised.

The company does not provide childcare facilities at all sites, but does have a

crèche in the Ashton factory. It does have a flexible working conditions policy, which

applies across the entire organisation and applies to all employees in non-shift-based

roles.

EE and diversity training is offered to all members of the EE forums across the

company. The company does have a sexual harassment policy. However, the

company noted that the policy needs to be refreshed and this will be scheduled

during the coming months. There have been no campaigns conducted. The policy

has been communicated through training sessions across most of the business, and

offenders have been disciplined and appropriate actions taken for both perpetrators

and victims. The number of cases reported from 2014 to date is six. Five have been

successfully prosecuted with two dismissals, two final written warnings, one found not

guilty and one currently in progress.


28

Specific medical examinations such as pap smears and mammograms are provided

for female employees.

It was stated that the company’s recruitment policy should address the challenges

of minority female graduates in engineering, construction and manufacturing fields.

The company indicated resources and funding challenges as factors inhibiting the

successful addressing of gender transformation. The EE forum and its members

communicate the EE process to employees.

There are no gender-focused recruitment panels or interview arrangements currently

in practice. However, the company indicated that there is a plan for 2017 to

promote voluntary disclosure of disabilities as well as identifying barriers to engage

disabled employees to find corrective actions that are required.

Discussion of Tiger Brands Presentation

The Commission noted that in its operations, across the entire country, 42 people with

disabilities are employed. They wanted to know where exactly they worked.

The Commission noted that in total, 70 percent of employees were male, and 30

percent female, illustrating a totally male-dominated company. Despite all that was

said about successes in gender transformation, the numbers suggest a different

reality. What are the major contributors to an inability to transform? Transformation

is by default. There is no strategy specifically targeting women.

The representative said that if one looks at the entire company, the least transformed

are bakeries, grains and milling. Consumer brands do better. Ashton Foods are the

most gender-friendly, but that is because of the seasonal employment of women

workers.

The Commission wanted to know what characteristics of the grains business make it

the least transformed, and how could this be corrected. The representative said that

the challenge here was at senior level, where the level of attrition was very low.


29

The representative said that there is a transformation strategy across all enterprises.

It was necessary to reach deeper into the organisation to recruit trainees and identify

high potential employees. People who are appointed to management trainee

programmes are largely female employees. Appointments from within are 41

percent female. There are diversity transformation programmes. Over the past two

years, leadership development programmes have created capacity through

training.

The Commission noted that there is no targeted recruitment of women, and that a

policy needed to be developed, particularly among the businesses which

performed the worst in terms of gender transformation. It also said that in terms of

promotions, women must be targeted to ensure that 30 percent of women who are

loyal are advanced to top management positions. There should be a budget for

transformation and programmes on disability.

The representative said that the company was not skilled enough to conduct a

disclosure programme on disability. They had tried but had poor results. They had

appointed a third party and budgeted to do this. They had also identified a disability

recruitment agency.

The Commission noted that the company worked with approximately 16 trade

unions. They can help with sexual harassment policy and awareness raising.

The company will be recalled in a year’s time to assess its progress.

12. PRESENTATION BY SOUTH AFRICAN BREWERIES PTY LTD. (SAB)

Presented by Lucia Swartz, HR Director.

The profile of top and senior management, and other grades, was presented as

follows:

Top management: 2 females 5 males

Senior management: 13 females 39 males


30

Other grades: 875 females 3099 males

Total: 1302 females 5034 males

(includes lower levels such as cleaners and gardeners)

There are eight business units, each headed by a director. Out of eight units, two are

headed by women.

There was no mention of PWDs, although it was later clarified that there are 70

people with disabilities.

The company sets targets on an annual basis as part of BBBEE and EE planning,

supported by talent development and training programmes to identify and prepare

candidates for positions at senior levels.

The HR director is responsible for implementing and overseeing gender

transformation, but implementation of BBBEE transformation strategy is driven by all

business and functional managers in the company in their respective areas, including

the managing director and executive directors with Corporate Affairs as the overall

custodian. Implementation of gender transformation is incorporated in either

performance goals or incentive targets of managers. The company has a

transformation committee, consisting of directors and subject-matter specialists.

Targets are centrally and annually set. The implementation is owned by business

heads. There is a transformation manager. The company has training programmes

with specific focus on women, for example, the women in the leadership

programme, which currently has 32 women, traineeship programmes and talent

management initiatives. There is a management development programme and an

executive leadership programme. In terms of traineeships, there is a sales and

distribution transformation strategy. The executive assistant programme is currently

attended by 15 women. Two are ready to adopt senior positions when the

opportunity arises. The company reports staff movement trends, i.e. appointments

and promotions, as well as conducting a ‘gap analysis’ in terms of gender and

disability against the EAP. In turn, recruitment practices focus on using opportunities

to close the gaps identified. Some appointments are made internally by the talent

coordination committee and are not advertised. This committee considers BBBEE

targets as well as the impact of appointment decisions on BBBEE performance. There


31

is a women in leadership programme and regionally-based ad hoc initiatives to

develop and mentor women. There are also management development

programmes to represent all gender and EAP groupings.

The company was not specific on the existence of childcare facilities, but it does

have a policy on flexible working arrangement.

The company has a discriminatory policy that is used to initiate and raise awareness

of discriminatory practices.

There is a sexual harassment policy. It conducts awareness campaigns on the policy

and the policy is included in the induction of new employees, which is done annually.

Employees sign confirmation that they are familiar with policies.

The number of cases of sexual harassment reported from 2014 to date is six. The

sanctions are one final written warning with two weeks’ unpaid suspension, as well as

one dismissal. The company did not indicate the status of the other four cases.

The company indicated success in employing females in commercial roles in sales

and distribution, which has been male-dominated in the past. A good gender

pipeline has been developed. The company indicated that it requires skilled African

females in senior roles in the technical environment, manufacturing and sales. The

representation of women in support functions is not a problem.

The company’s retention figures from 2014 indicate a higher percentage of women

are retained. The employment of PWDs presents challenges. The company has run

a disability disclosure campaign.

In terms of external community commitment, the company runs a ‘women in maize’

socioeconomic development programme. It is in a pilot stage. There are 120

women in 11 co-operatives, across four provinces. They supply SAB with 10 percent

of its maize. There is also the SAB Foundation which supports enterprise development

in society, and has invested in female entrepreneurship and social innovation. There

is the SAB Kickstart project to alleviate poverty, and takes in people between the

ages of 18 and 35.


32

Discussion and analysis of SAB Miller

The Commission commended the company for having a strong will to do what needs

to be done in terms of transformation, to which it has shown a commitment.

The Commission asked which is the most male-dominated unit and why. The

response was that it is supply chain and manufacturing in the breweries, and

machine operators. Breweries make up the majority of employees.

The Commission indicated that it was disappointed when it comes to disability. It

was observed that such a big company should be looking after people with

disabilities.

The company also submitted that SAB develops people from within the organisation,

and that women are deliberately promoted. 41 percent of management benefits

women. The marketing department is also run by an equity-targeted female. Thirty-

one percent of training spend goes on women. Some sites have a mother and baby

room. More flexi-work is encouraged. Employees can also work from home.

Maternity leave constitutes four months paid leave with an option to extend to one

month’s unpaid leave, or standard leave.

The Commission asked why less attention is paid to lower grades in terms of

transformation? The response was that there are major challenges of

representation at upper levels, and that the company feels pushed to improve

gender representation at those levels. It is more difficult to find women to fill these

roles. The company needs to be more deliberate in finding women at these levels.

The Commission responded by saying that there needs to be more focus on women

to transform lower levels.

The company is committed to growing the number of women in co-operatives in

four provinces. It plans to invest substantially in agriculture and black women.

The Commission wishes to meet the company again in a year’s time.


33

13. PRESENTATION BY SASOL

Presented by Ms Sinenhlanhla Mkize, Senior Vice President Human Resources.

Sasol operates within the fields of chemicals, mining and energy. It has a presence

in 33 countries, and employs a total of 31 000 people. There is poor representation

of females in top, senior and professionally qualified employees. At top

management level Sasol has 34 employees, of which only 5 are female. In total,

Sasol employs 20 821 (77 percent) males and 6 113 (23 percent) females.

The joint CEOs and the group executive committee are responsible for the

implementation and oversight of gender transformation. Transformation and growth

strategies are a human resources strategy priority. Women’s empowerment is central

to the talent management strategy. To this end the following are in place:

incentivisation of opportunity utilisation; a diversity 10-point plan; talent leadership

development focusing on diversity, high potential individuals (LEAD)through which

high potential diverse candidates are provided with skills training to accelerate

diversity and inclusion at senior management positions. Females make up 52 percent

of the current delegates. LEAD equips leaders to deal with unconscious bias, a

mentorship programme, and a women’s empowerment strategy. Seven hundred

leaders have gone through this programme. Whenever there is a vacancy, the

opportunity must be used to close a gap in diversity employment, be it racial, gender

or disability. Succession planning, retention and development all focus on women.

An amount of R12 million is allocated to the LEAD programme. Spend on female

bursars and learnerships in the annual cycle was R65.84 million. The leadership

diversity dialogue spend was R1 million and the launch of women empowerment

strategy was R1.5 million.

In terms of training, there is a 3-5 year programme, in terms of which employees are

moved around the company. They are put into real jobs and gain experience to fill

leadership positions. They receive a lot of mentorship. Fifty percent of the 2013

individuals emerged in top positions in the operational and technical environments.


34

There are also mentorship circles, where a senior person mentors up to 12 people.

There are international rotation programmes, and the Sasol women’s networks are

entrenched. On the leadership development courses, female participation is 32

percent and male participation 68 percent. Sasol runs one of the largest bursary

schemes in the country, but the intake consists of more men than women. In terms

of the artisan career path, which includes a learnership, more women are

participating than previously.

The spend on female bursars and learnerships is R65.84 million. The resources

allocated to improving gender representation is led by joint CEOs and the group

executive committee. Executive accountability lies with the executive vice-

president.

Sasol relies on affirmative action measures to drive and monitor the upwards

movement of women and PWDs to top and senior management. Although Sasol’s

recruitment policy does specifically target women and PWDs, the implementation of

the policy seems to be poor. In order to track the movement of women and PWDs

within the company, there is a quarterly gender report. The CEO also looks at

progress monthly. The human resources scorecard monitors the progress of women

in the organisation. There is a monthly analysis of female movement per

occupational level. The ‘Women in operations’ framework targets women’s

development to fill positions in the more senior leadership roles. The company has

focused on development programmes, such as the youth development programme,

the graduate internship programme in the supply chain, and development

programmes for female fuel distribution operators.

Sasol does not have childcare facilities, but does have a flexitime policy. The

company is working on providing childcare facilities. Funding is currently lacking for

a crèche in the new head office. Space has been made available, and building

plans will be mapped out in the next 18 months.

Sasol does run awareness programmes to address gender equality and

discrimination, but the frequency of the campaigns is problematic. Sasol conducts

sexual harassment awareness campaigns. The sexual harassment policy has been


35

effectively used. Since 2014 there have been eight cases. Four ended with dismissals,

two in final written warnings, one in a final warning with suspension, and one with no

action taken.

Sasol has been steadily progressive in retaining staff. It has a high retention level of

female employees.

Sasol was recognised as finalist for its gender mainstreaming programme in four

categories at the Gender Mainstreaming Awards in 2013.

One of the difficulties faced by Sasol in terms of achieving gender equity is that not

many women choose careers in technology and engineering. In addition,

underground and shift work is not attractive to women. There is an improvement in

the representation of women in research and technology, and sales and marketing.

Office-based jobs in general are more attractive to women. The biggest struggle in

terms of the representation of women is in operations. They are also competing with

Shell, GP, Anglo American, etc, for skills in the sector. There is a small pool of expertise,

and the industries are highly competitive. The low oil price has also imposed

constraints on employment. Their bursary schemes and learnerships target women.

Fabrication, rigging and turning work used to be outsourced. Now that it is insourced,

there is an improvement in equity numbers.

Analysis of Sasol

The Commission said that the presentation shows clear evidence of Sasol’s

commitment to transformation. It wanted to know whether the company has shared

best practices with other industry players. The response was that best practice is

shared in industry bodies, where Sasol also learns from other companies. They work

closely with the SETAs in the industry. They are often invited to forums and

conferences where they can share best practice.

The Commission noted its disappointment with the apparently poor ascendance of

people with disabilities into top and senior management. It questioned the gaps in


36

representation in learnerships, and asked what plans are in place to increase women

taking up bursaries.

The representative replied that there has been a more focused approach in

targeting women for top positions over the past five years. There is intense targeting

of women in the EE plan. The first woman on the Exco was 11 years ago. Historically,

gender was not a focus in senior leadership positions. They are trying to reverse a 65-

year history. The LEAD programme is now 73 percent women. When the programme

was initiated, there were only two women. The over-representation of white males at

all levels is a result of the company relying on natural attrition. Women are considered

for positions when vacancies arise. People tend to stay in Sasol because they

acquire the required knowledge and skills over time.

The company runs projects in the community to inspire more girls to choose a career

in engineering and technology.

It also runs the handbag project for victims of racial and sexual assault.

In order to equip women physically for mining jobs, mining boot camps are run to

improve women’s fitness and ability to work in an underground environment. Fifty-

one out of 66 women passed a fitness test after participating in a boot camp. The

company has also improved personal protective equipment for women, and

upgraded underground ablution facilities.

The Commission questioned the lack of presentation of PWDs, and offered CGE’s

help in this regard. It also noted that the White Paper on disability has very clear

recommendations on mainstreaming PWDs. Gender is all-inclusive. It includes

women in all their diversity, including disability. Disability is not an add-on.

A project for sourcing PWDs is being run over a five-year period. It includes ensuring

accessibility for PWDs, awareness sessions and the encouragement internally of PWDs

to volunteer for positions. It also wants medical verification as defined by law. A

problem is that many people don’t want to voluntarily declare their disabilities. The

company has established a data base of PWDs, and can also recruit them externally.


37

Positions for PWDs have been earmarked across the organisation, and they are being

targeted for specific positions. Two years ago, there was the Harambe learnership

programme for PWDs. PWDs entered the organisation in various roles. This was a

very successful strategy.

The representative said that the current childcare facilities are to be used as a pilot.

Childcare facilities are particularly needed where women work shifts. The wellness

centre in the new headquarters has breast-feeding and expressing facilities. It is also

a pilot.

The Commission also commended Sasol on the number of programmes focusing on

the training of women. It wanted to know whether child-care facilities would be

rolled out to all centres in future. It also wanted to know what is happening with the

outstanding case on sexual harassment. It questioned how the company ensured

that gains are not reversed.

The Commission noted that the representation of women, especially at higher levels,

was not substantive. It requested that Sasol return in a year’s time, and illustrate

substantive changes. Gaps in achieving gender equity must be closed. The

Commission stressed that the company must focus on ensuring that equity gains are

not reversed. Like must be replaced with like, where there is already equity.

14. PRESENTATION OF H L HALL & SON

Presented by Ms Karen Mostert. HR Manager.

The company is an agricultural business based in Nelspruit. It is not to be confused

with Halls juice or Halls sweets. It focuses on the cultivation of avocado, and

produces five million cartons of the fruit per annum. It is family owned, and has

existed for 125 years. It operates in four countries.

There are 241 employees. In senior management, there is one white male and one

white female. Most staff fall under administration and operations. Thirty-seven staff

are salaried, and out of these, 15 are female and 22 male. There are wage


38

employees in operations and farming. There are seasonal employees in the

packhouse.

There is poor representation of females at top and senior management levels, and

no representation of historically disadvantaged groups. The majority of staff at these

levels consists of white males. There was no evidence of employment of PWDs.

There are no specific measures to promote gender transformation at these levels,

except for reliance on the EEA. Transformation is overseen by the HR department

and the EE committee, with no specific individual to drive gender transformation.

An external consultant is engaged in the process of training on EE throughout the

business.

The company did not provide information on what measures are employed, or

budgets allocated, to support gender transformation.

The company relied on quarterly meetings of the EE committee to track upward

movement of women and PWDs.

The company does not have a recruitment policy and does not specifically target

women and PWDs.

There are no mentorship programmes aimed at women and PWDs aimed at

accelerating their progress to top and senior positions. There are no childcare

facilities or flexitime.

There are no awareness campaigns for gender equality, sexual harassment and

discrimination. The company has a sexual harassment policy, but its effectiveness is

unknown. Employees are aware of the policy. In 2015 one case was reported, but

charges were withdrawn.

The company focuses on people’s skills and abilities, rather than on gender.

A number of corporate social Investment programmes, focus on education, health

and employee volunteerism. The Viziemaths programmes have 241 students


39

enrolled, and provide extra maths lessons. The Umphakatsi project is an early

childhood development programme for practitioners. The Woodhouse community

centre takes care of orphans and children of employees, as there are no childcare

facilities. The Right to Care projects provide HIV/AIDS information, screening and

counselling. There is a clinic service for all staff and dependants. The Lula Sandla is

a quarterly staff award which encourages volunteerism in employees. The proceeds

of the award are paid to the entity where they volunteer.

Discussion of H L Halls

This discussion presents a preliminary engagement with H L Hall. After a brief

discussion, the commissioners adjourned to caucus. They noted their appreciation

to the representative for making herself available, but said they preferred to interact

with the accounting officer. They were finding it difficult to engage as there were no

policies to engage with. CGE further pointed out that everyone is operating

according to the Constitution and a legal framework. Business must understand

their rights and obligations. The Commission wants to see an understanding of what

the Constitution says about a rights-based approach to employment. It asks that

basic policies prescribed by law, especially the EE Act, are in place within six months.

A review of what has been done must be presented. A workshop must be

conducted for all employees on policies, especially on a sexual harassment policy.

The head of legal department will offer support. There also must be interaction with

the DoL. The Commission noted that the total lack of focus on gender and PWDs is

a big problem. It said that the HR representative cannot be solely responsible for

transformation. She should speak to the CEO and the Board, requesting assistance.

She should also contact the Business Women’s Association. It added that

transformation is not a welfare approach, but a rights-based approach.

The representative said that the professional/operational level was divided into

farming and packing. Experience was required to head these departments. It

required oversight and management. She said there were 2 black assistant

managers. People who worked in irrigation and orchards were 38 African males and

64 African females. She said the company was committed to seeing change.


40

15. PRESENTATION BY SIX SONS (PTY) LTD. TRADING AS KLOPPERS.

Presented by Dr G Van der Berg, Director, assisted by Mr W Kloppers, Director and Ms.

A Wessels, Human Resources.

The company is based in Bloemfontein. It is a retail department store, offering a wide

range of products. It was established in 1967.

The profile of top, senior and middle management is disaggregated as follows:

Top management: 5 white males, 0 white females and PWDs

Senior management: 5 white males, 2 white females

Middle managers: 4 African females, 2 white females, 1 coloured female,

5 African males, 1 coloured male and 9 white males.

Administration: 64 African males, 12 coloured males, 55 white males,

50 African females, 17 coloured females, 2 indian females,

42 white females.

The company employs 27 PWDs, of which 9 are women. None are at senior or top

management levels. They represent 9.6 percent of the total workforce.

The total number of staff is 283. The above statistics include lower levels of staff, such

as cleaners and gardeners.

The company indicated that there are two white females in senior management

positions. African females and coloureds were appointed in middle and junior

management positions, and are developed to be promoted into senior

management positions.

Mr Dirk Klopper, the Director of the company is the equity manager. He is responsible

for implementing and overseeing gender transformation. Gender transformation

forms part of the performance review of responsible persons together with the other

four directors.


41

An amount of R600 000 is available for training and development. Part of this budget

is spent on women.

There is no special budget for gender transformation. However, funds are allocated

for training and development. There is also no specific system in place for tracking

the upwards movement of women and PWDs to top and senior management.

Recruitment policies do not specifically target women and PWDs for senior positions.

There are no capacity-building programmes aimed at accelerating women and

PWDs to senior and top management positions. Women appointed in junior and

middle management positions are targeted for further development within the

company.

The company does not provide childcare facilities or flexitime. In-house

presentations are made on unfair discrimination and affirmative action to all

employees and management. Kloppers currently rent their premises. It is expected

that a crèche will be built within three to five years. The company does not have a

sexual harassment policy and uses the Code of Good Practice to deal with sexual

harassment cases. Awareness campaigns on sexual harassment were last carried

out in 2014. From 2014 to date there have been two cases of sexual

harassment reported. One employee received a final written warning, and one was

dismissed.

The equity manager and members of the employment equity committee are

responsible for communicating the employment equity process to employees. A

copy of the annual report is also placed on the notice s of the company.

The company has been successful in promoting female employees to junior

management positions and involving them in development programmes. The

company said that it was difficult to get women and PWDs with the necessary skills

and experience, into senior management positions.

The recruitment rate from 2014-2015 was 11 males and 8 females. Fourteen males

and 8 females resigned or had their contracts terminated.


42

The company has no particular representation of women on selection panels, and

there are no PWDs on these panels.

Discussion of Kloppers

The Commission noted that the presentation was disturbing. One person, namely Dr

Van der Berg, is responsible for almost everything in the company. More diversity is

needed.

The Commission asked whether salaries across gender and racial groups are equal.

The representative said that during EE committee meetings, the equity manager and

managers of all levels are present. The committee approves any plan before it is

signed by directors. The committee tracks who was trained and appointed, who

resigned and why, and who was recruited. This is all part of the tracking process and

in the minutes.

Since 2014 there has been equal work for equal pay, with the exception of those in

long service. Seniority is also taken into account.

The Commission noted that the company is on the right track, and that the

employment mix is not male-focused.

The Commission wanted to know the kind of training offered by the company and

its focus. It also asked whether the company is working with the SETA. It noted that

the company has done very well on the employment of PWDs, and shown

commitment in this area.

The representative says that training is concentrated on HIV/AIDS, health and safety.

Other training, for example, how to manage finances, is also offered. T h e r e

are 18 supervisors on learnerships.

The Commission noted that SMMEs are very important in transformation and

development in South Africa.


43

The Commission suggested that in terms of childcare, the company should partner

with other facilities in the vicinity, as it was unlikely, given the small number of people

employed, that it would have adequate numbers to justify building its own facility. It

pointed out that when there’s a resignation, diversification could take place through

that route.

It noted that it is important to have black disabled women on the staff.

It said the company should not necessarily copy what other companies do. Rather,

it should ask employees what they want.

Thee needs to be a sexual harassment policy, not just a code of good practice.

16. PRESENTATION BY OOS VRYSTAAT KAAP (OVK) OPERATIONS LIMITED

Presented by Mr Malcolm Jafta, GM Corporate Services.

OVK is 98 years old. It began as a number of small farmer co-operatives, with small

numbers of white farmers. The co-operatives are divided up into districts. Each district

selects an individual to represent them on the Board of directors. The directors are all

farmers. The company is based in Ladybrand, in the Free State province. It has

branches in the Northern Cape and Eastern Cape provinces. In total it has 51 trade

stores and two Toyota dealerships, in Ladybrand and Ficksburg. In 91 percent of

towns where it operates, it is the only employer. It is an agricultural business. The

company provides services required by farmers, such as insurance. It also provides

loans.

Top, senior and middle management is profiled as follows:

Top management: 1 coloured male and 6 white males.

00 females and PWDs.

Senior management: 17 white males

The total number of

people with disabilities: 11.


44

All other positions: 608 African males, 225 coloured males,

376 white males, 157 African females,

173 coloured females, 2 Indian females,

180 white females.

Total employed: 1935 1372 males, 563 females.

People with disabilities: 1 African female, 2 white females,

1 African male, 1 coloured male, 6 white males.

These statistics include skilled, semi-skilled and unskilled employees.

The general manager, corporate services and the managing director are responsible

for implementing and overseeing gender transformation.

Gender transformation does not form part of the performance reviews.

There are monthly management meetings, as part of the EE plan, chaired by the

managing director, which track the progress of women and PWDs in the company.

Recruitment policies do not specifically target women and PWDs for senior positions.

The recruitment and selection policies are under review. Advertisements are placed

in newspapers, on websites, through recruitment agencies, and on LinkedIn. Internal

advancement is preferred over external recruitment. There is succession planning

and talent management, although there is no specific mentorship. There are,

however, targeted skills development programmes to create a larger pool of suitable

qualified people from designated groups. The profile of the learnership and graduate

programme 2015/2016, is as follows: 27 African males, 36 coloured males, 17 white

males, 10 African females, 33 coloured females. There are no capacity-building

programmes aimed at accelerating women and PWDs to senior and top


Awareness on gender equality and discrimination is carried out through an internal

monthly newsletter. An awareness session will be held in the first week of December

2016.


45

The company does not provide childcare facilities, as they operate in small towns.

Female employees are allowed 2 child-minding breaks per day. There is also no

flexitime.

The company has invested in a mobile clinic in the Northern Cape.

There is a sexual harassment policy. No awareness campaigns on sexual harassment

are conducted. Three cases of sexual harassment were lodged in the past two years

and the necessary disciplinary action was taken. One employee received a final

written warning, another one was dismissed, and one is receiving ongoing

counseling.

The challenges encountered by the company include finding suitable, qualified and

willing individuals to do the work. The company requires scarce skills to fill specialised

roles. For example, it has taken seven months of fruitless searching for a finance

manager. The company is looking for an African female. It has taken three months

to fill the position of manager of grain. In many instances, OVK is the only employer

in the small towns in which they operate. If an employer’s spouse is not able to find

employment, the company tries to assist. There are often either no schools in the

area, or schools only offering up to Grade 7. Children have to go far away to schools,

and often parents follow them, and leave the small towns.

The interview panels consist of the departmental manager, who is male, an HR

consultant who is female, and a company representative who can be male or

female. There is no mention of a PWD on the selection panel.

Discussion and analysis of OVK

The Commission noted that it is an uphill struggle for OVK to effect transformation. It

is always difficult to retain Africans in places which are not transformed. The

representative said that since last year, HR and branch managers have spent time

with school teachers to identify potential employees from learners from designated

groups. It also attends open days of schools and universities, and has a relationship

with provincial government. It is not actively targeting white males.


46

The company said it requires skills and expertise in agriculture, and people in that

field are white men. Farmers are Afrikaans-speaking and 90 percent of customers

are Afrikaans-speaking. So a challenge is that BEE candidates are not fluent in

Afrikaans.

The Commission noted that 14 employees were disabled, but there was no

disaggregated data. It wanted to know how PWDs will be recruited in future. The

respondent said that bigger towns, such as Port Elizabeth and Ladybrand, had to be

targeted for potential talent. The currently employed PWDs are from Bloemfontein.

PWDs have logistical and infrastructural problems in smaller towns. The company

provides four months’ maternity leave on 33 percent of salary.

The Commission said the company should have memorandums of understanding

(MOUs) with schools, technical colleges and universities. It said that it was not

convinced that the company was going to transform. The Commission requested

a follow-up meeting with the company in six months. It wants evidence of a

transformation plan. It will then be able to say after a year whether or not the

company is transforming successfully.

17. PRESENTATION BY MAFIKENG TOYOTA

Presented by Ms Natasja Dames, Labour Consultant.

The profile of the company’s workforce is presented as follows:

The total number of employees is 35.

Top management: 1 white male, founder of the dealership.

Senior management: 1 coloured female, 1 white male and 1 white female.

Mid management: 1 African male, 1 coloured male and 2 white males.

Skilled level: 13 African males, 3 African females, 5 white males

and 1 white female.

Semi-skilled level: 1 African male, 3 African females and 1 white female.


47

The company was not clear on who oversees gender transformation and on whether

it forms part of the person’s performance review. There is no mention of what the EE

manager’s role is and at what level.

The company has no measures to support gender transformation. Throughout its

responses to the questionnaire, it reiterates the fact that it is small, and based in a

rural area. There is an indication that cognisance is taken of gender and race when

new appointments are made, but no indication of how it is done. There are

mentorship programmes, but no indication is given of what they entail and who they

target. The company has six apprentices from designated groups. There is a sales

and service advisor for skilled levels of employees. Their efforts are aimed at African

women. There is no flexitime or childcare facilities.

The company has a generic harassment policy, but no policy dealing specifically

with sexual harassment. There are no sexual harassment awareness campaigns as

the company is too small. There seems to be an assumption that because the

company is small, there is no sexual harassment.

Cognisance is taken of various institutions of higher learning in Mafikeng, but the

company maintains that, due to their location, it is unable to find qualified people.

There is no mention of whether they have forged relationships with these institutions

in order to source the requisite talent.

The company indicates that generally they do not conduct interviews as the majority

of candidates are headhunted, due to the limited availability of talented individuals.

Despite headhunting, men continue to dominate management positions.

Challenges encountered include the lack of availability of qualified people in the

North West Province. Sourcing such persons is expensive. For example, relocation

costs have to be paid. Young, qualified individuals seek employment in cities. There

is a general 15-20 year literacy gap which hampers the trainability of prospective

employees. The company will not be expanding to meet equity targets. It will only

source new employees if individuals leave the company. Sourcing from within the

company to fill more senior positions is considered first, before appointments from


48

outside are made. Owing to the scarcity of work in the North West Province,

employees tend to remain in their jobs. The availability of people with disabilities in

Mafikeng is less than one percent. Such persons can only be employed in

administrative and sales positions.

Discussion and analysis of Mafikeng Toyota

The Commission noted that it does not follow that when numbers in a company are

small, there is no sexual harassment. It also noted that it is difficult to find skilled people

with disabilities in Mafikeng. However, it questioned whether the company takes

measures to pro-actively source PWDs.

The respondent noted that in terms of the employee profile, there is an African male

in the service centre, and a white female working in stores. Three African females are

working at the skilled level, and being trained for service, and possibly for the store

side. If a white male moves, an African female will be considered.

The Commission noted that there was no transformation in the company. It questioned

whether training was linked to necessary skills requirements. The respondent said that an

African female will be considered for stores and customer services.

The Commission said that females must be trained as technicians. Women must be

encouraged to move into male-dominated fields.

The respondent said that policies are available for all employees. Unskilled

employees are not involved in policy creation programmes.

The respondent said that no specific mention is made of sexual harassment. She

said that no cases had been reported in the past 10 years. She insisted that sexual

harassment simply does not happen. She said that the owner of the company invests

in the upliftment of the children of employees.

The Commission asked whether there is an individual in the company who is

responsible for sexual harassment, to whom employees can report. The respondent


49

answered in the affirmative, saying the person was a white female. The respondent

said that approximately R440 000 per year is spent on training in technical skills, sales

and management skills. The focus of training is on females.

The Commission said it was mindful that this is a private family-owned business, and

that the owners made the decisions. It would accept the offer of the respondent for

the CGE to personally sit with company representatives to advise them on

mainstreaming gender in their workforce.

The Commission said it wishes to meet again with the company in six months’ time.

It must develop a plan to expose women to management positions, and plan a

training programme. It also said that skilled staff must be recruited from the university.

The SETA can direct the company towards people with disabilities.

The respondent challenged this, saying it can prove how often it had approached

the SETA in this regard, without success, but they welcomed the Commission’s offer

to assist the company in their transformation efforts.

18. PRESENTATION BY RCL FOODS

Presented by Wayne Hoare, Chief Human Resources Officer.

RCL Foods is an old company which used to be Rainbow Chicken under Remgro

and TSB Sugar. The new company was registered in June 2015. It has 20 000

employees around the country.

The employment profile of RCL foods is as follows: at top management level, there

are 7 white males. At senior management level, there are 4 females (1 African and

3 whites) and 33 males (29 whites , 2 Africans, 2 Indians)

The company has focused on its agricultural sector to promote gender

transformation, through its ‘Women in Agriculture’ initiative. This programme has

shown significant results in that it has facilitated an increase in female representation

at management level from 9 percent in 2014 to 30 percent at the beginning of 2016.


50

The company has an EE manager. HR directors report at regular intervals to their

respective divisional executives and the designated EE manager to the RCL foods

executive on progress made against the EE plan and gender equality targets.

Employee relations structures also exist where employees can voice any feeling of

dissatisfaction with, inter alia, the progression of gender equality.

The company has various resources allocated to support gender transformation.

These include learnerships, apprenticeships, senior leadership programmes and

recruitment drives, which prioritise hiring African, coloured and Indian females. One

in every two people recruited is from a designated group. It has a 41 percent

representation of previously disadvantaged persons.

Recruitment is aligned to support EE plans. In the financial year July 2014 to June

2015, in the categories of technically skilled and academically qualified workers and

above, 42 percent of hires were female, and from July 2015 to June 2016, 48 percent

of hires were females. Between 2015 and 2016, female hires went from 98 to 198, a

99 percent increase in one year.

The company has a formal reporting system on issues of gender transformation,

through monitoring, record keeping and reporting on progress. The CEO, the

executive and the Board are responsible for promoting gender transformation. The

social and ethics committee tracks the progress of women in the company. There

are 57 EE forums around the company. The promotion of women does form part of

performance appraisals.

From July 2015-June 2016, in terms of positions available, the company employed 48

percent females.

The company has both formal and informal mentorship programmes and coaching

programmes, in conjunction with the programmes in agriculture and the engineering

departments. It has also launched an executive leadership programme with the

Gordon Institute of Business Science. To date, 55 senior women in management have

attended this programme. Each has a personalised development plan. It aims to

identify, attract and retain women in business.


51

The company has no crèche or childcare facilities. However, clinics do have breast-

feeding rooms. It also has flexitime.

There is a sexual harassment policy, and the company conducts a sexual harassment

awareness campaign for its new employees during induction. It also hosts

information sessions for its older employees which include sexual harassment. The

policy has been utilised effectively. Twelve cases were reported and finalised since

2014. Two cases resulted in the offender apologising; two cases were found to be

without merit; three cases resulted in a final written warning; five cases resulted in

the offender being dismissed.

Given the sensitivity of reporting sexual harassment and fear of victimisation, the

company has a ’Hayibo’ whistle-blowing hot line through which employees can

report a matter in confidence. The information regarding this hot line is prominently

displayed on notices at all sites, on every employee’s payslip, as well as on the

company’s intranet. The hot line is available 24 hours per day, all year.

There is a Code of Ethics and Good Practice which has to be signed by all

employees.

The company has a higher female retention rate from 2015-2016.

Discussion of RCL Foods

The Commission applauded the company for prioritising women on the

management programme run by the Gordon Institute of Business Science.

It noted that even in unskilled and semi-skilled positions, there are many white males. It

encouraged the company to change the profile of its workforce at these levels. It

suggested that a targeted programme be initiated to recruit and train women in hard

skills. It also suggested that when people go on leave, women are put in their place.

The Commission said that within six months, the company should have transformation

plans for short-, medium- and long term. It said that the company will be contacted

within a year.


52

19. PRESENTATION BY NWK LTD

Presented by Danie Marais, Managing Director.

NWK Ltd. has existed since 1998. Prior to that, it was a co-operative. It is an

agricultural business and has been participating in the grain and food value chain

of southern Africa, predominantly in the North West province, for more than a

century. Its main objective is to trade in agricultural and related products, aids and

services at a retail level and to undertake associated activities. It also participates

in the upliftment and development of local communities and beginner farmers. It is

dominated by male farmers. Shareholders and clients are predominantly white

farmers.

From 2011-2015 it was undergoing restructuring. Human capital policies and

processes were revamped. Its focus has been on building talent, management

coaching, mentoring, mapping the talent pool and succession planning

infrastructure. It received the Employer of the Year Award for three years in a row,

from 2013 to 2015.

The profile of the workforce is as follows:

Top management: 4 white males.

Senior management: 6 white males.

Middle management: 10 females and 49 males (racial disaggregation not given).

Junior management: 89 females and 225 males

(racial disaggregation not given).

Semi-skilled levels: 262 females and 580 males


Skilled levels: 81 females and 555 males


The company provides learnerships to previously disadvantaged groups and PWDs.

People who participated in the learnerships are permanently employed by the

company. The company developed a ‘grow leaders’ programme, which includes


53

diversity training. In 2007, the total budget spend on training was R230 000. In 2016

it was R10 million; 9 million rand on males and R 2.2 million on females.

The managing director champions gender transformation. The manager:

transformation and labour relations, the group manager: human capital and the

talent scout and heads of department of the various business units are also

responsible. Implementation of gender transformation forms part of their

performance review.

The recruitment policy seeks to ensure that bias and unlawful discrimination are

excluded in the recruitment and selection process. NWK has an on-going

programme that seeks to ensure that people who are newly hired feel welcome and

prepared in their new positions. In the long run, the hope is that NWK will be able to

retain them. In terms of managers’ KPAs, they must recognise diversity and promote

and apply fair labour practices in their departments.

The succession policy indicates that previously disadvantaged employees must be

given preference where necessary and it also seeks to groom and develop them for

more senior positions. Progress is monitored monthly by a business intelligence

system. The recruitment platform also tracks this movement. The recruitment policy

and the EE plan focus on transformation in respect of all designated groups. The

company has a graduate programme and offers bursaries and internships. I t

does not provide childcare facilities, as a recent survey showed a lack of interest

from women employees. Flexitime is provided, and includes alternative work

arrangements for women returning from maternity leave. This arrangement ensures

that women’s transition and re-integration into the workplace is done with ease.

The company takes numerous steps to initiate awareness on gender equality and

discrimination: it has equal pay workshops, diversity training, a sexual harassment

policy, and awareness campaigns are conducted during staff induction.

The effectiveness of the sexual harassment policy has not been established and no

cases have been reported.


54

The company noted the following challenges: Language: the predominant

language of the company and its customers is Afrikaans. Employees must ideally be

bilingual in English and Afrikaans. The lack of availability of talent in rural areas is

another challenge; professional and skilled black employees come mainly from big

cities. There are no community or family support structures in rural areas. The junior

management level turnover is 18 percent; people leave to return to the cities or to

be closer to families. Another challenge is the Infrastructure problems in the North

West province: in small towns, the availability of adequate housing is scarce. There

are also problems with water and electricity provision. There are relocation

obstacles, and the expense of relocating staff, the geographical situation of the

company and the perception of the industry is not attractive. The general economy

has been bad for the past three years. There have been three droughts in five years.

NWK needs to consolidate. It needs a turn-around strategy, which will include closing

businesses and selling off businesses. Therefore, employee totals are shrinking, and

going to shrink even further in the future.

The EE committee communicates the EE process to employees.

In September 2016, EES-SIYAKHA Services was appointed to assist with the

restructuring of the EE consultative forum, to conceptualise the functioning of the

new EE management committee, to revamp the EE plan and to assist in building EE

management reporting.

More women are retained than men, with 83 percent of women being retained,

compared to 78 percent of men.

Outside the business, NWK runs a farmer development programme, mainly in maize

and sunflower production. This season, 20 farmers were financed by NWK Financing.

A cap of R25 million was placed on the available funds. Services rendered comprise

the following: support on all aspects of farm management, grain handling and

access to grain markets, financing of production inputs, input cost insurance. and

supply and procurement of all production inputs.


55

In terms of black farmer development, technology transfer and training is

undertaken. A large number of these farmers have already completed NWK’s NQF

Level 2 Farm Management Course and some have even completed NWK’s NQF

Level 4 Advanced Farmer Development Programme. A NQF Level 2 course in animal

husbandry was also presented to 20 learners.

Discussion and analysis of NWK Ltd

The Commission noted that there are no employees with disabilities. It urged the

company to use the University of the North West Potchefstroom’s disability desk to

help to address this.

The Commission wanted to know whether top management positions will be ring-

fenced for women, and who is earmarked for these positions. The Commission also

asked for a copy of the survey on childcare facilities. It asked why women were 0not

interested in this.

The Commission asserted that the company needs help on improving its equity

numbers, the environment, and attitudes. The respondent said that there is one

person with a disability employed.

More information on financing black farmers and women in horticulture will be

provided. The Commission is concerned about the fact that the bulk of the training

budget is allocated to men, with R9 million for males and slightly over R2 million

allocated to women.

The Commission also recommended that NWK have a programme geared towards

training females and black people in technical skills and that this must reflect in the

workforce.

The Commission recommended further that NWK needs to submit racial

disaggregation of its middle management, Junior management, semi-skilled levels

and unskilled levels.


56

20. PRESENTATION BY EH HASSIM

Presented by Tsakani Khoza. Group HR Manager.

After a presentation which involved mainly the illustration of the company’s

Employee Policy Handbook, the Commission queried why, out of two sons and a

father who are the owners and directors of the company, not one was able to

attend with the HR manager. The Commission called for an adjournment, so they

could discuss how to go forward.

The Commission returned after caucusing. It noted that part of the aim of

establishing the CGE was to ensure that institutions are respected as supporting

democracy. It takes a dim view that when it calls people who make decisions in the

companies, they do not appear. The legal team will call for a supplementary

hearing, at the expense of the company, at the CGE’s head office. The Commission

said that there were questions it wanted to ask, which the HR person would be

unable to answer. It said it could not engage further, and EH Hassim was excused.

21. PRESENTATION BY JONSSON WORKWARE

Presented by Nicholas Jonsson, CEO.

The head office of the company is in Durban. It was established 60 years ago. The

employment profile of the company is as follows: at top management level, there

are 3 white males and 1 white female. At senior management level there is 1 Indian

male, 2 white males, 5 African females, and 3 white females. In total, 58 percent of

employees in the company are women.

There are no specific measures put in place to evaluate and promote gender

transformation and to increase women’s representation at top and senior

management levels. There is no specific person responsible for implementing gender

transformation. The responsibility for driving the EE process is EXCO’s. The aim of the

company is to be inclusive and non-discriminatory, and to hire the best people for


57

the job; to teach them and build a successful business. It is difficult to change the

composition of the workforce at the top level. The new financial director is a woman.

The company adopts a non-hierarchical approach to business. People are hired

mainly based on their attitudes. The company has a good reputation for being

forward-thinking. There is a high turnover of staff, because employees are poached

by other companies. They are hired over the telephone, because they are so good.

The CEO invited the CGE to visit the company and talk to the employees to see how

things are done. There are no resources allocated to specifically support gender

transformation.

There are no tracking mechanisms to track the movement of women and PWDs.

The company has an internal academy which provides mentorship, training and

guidance to their employees and the company offers subsidised extended learning.

All employees spend their first two weeks at the academy, where they are taught

how the company runs, and business values.

There are no awareness campaigns to promote gender equality.

No sexual harassment awareness campaigns are conducted. There have been no

cases of sexual harassment since 2014.

There are no childcare facilities. However, flexitime is allowed, although there is no

formal policy. A high number of female staff leave the company.

Discussion and analysis of Jonsson Work wear

The Commission pointed out that the policies which are not on paper, and

formalised, indicate the tone of the approach to gender equality. Formal policies

are important, because the Commission can then see where the company can

improve.

The Commission asked whether PWDs were being considered. It was not clear where

disabled women were in the company. It also noted that women must come to the

fore in senior positions in the company.


58

The Commission also asked what programmes the company had in place to ensure

the upward mobility of women. in the company. Informal policies could be transient.

The focus on gender mainstreaming was in the hands of one person. What would

happen when that person was no longer in the company?. What would happen if

a person with a different attitude came in his place? Therefore, written policies are

necessary. There is also a problem with the high turnover of employees. If the

company invests in training employees, and then they leave, the investment is lost

with them.

The Commission asked who sits on EXCO? What is the succession plan? Are

conscious decisions made to employ African males and females and PWDs?

The representative said that all policies are written, and that they are free for

everyone to see. They are posted on the internet, and discussed frequently. No form

of discrimination is tolerated. He stressed that the sexual harassment policy is very

important.

He stressed that there is an all-pervasive attitude of equality in the workplace, with

very competent leaders. He said he himself, as the CEO, is not all that important.

He said the company would like to work with the CGE, and would look at their

employment policies and ask for the Commission’s comments before they

implement them. He said it was difficult to find appropriately qualified black

professionals in Durban. He said the industry is faced with a skills shortage, mainly in

technical areas. There was a plan to build a factory near a village for AIDS orphans

outside Durban. He added that the company has a graduate leadership

programme. Young black students were elected for a 2-year term. He said these

students were sourced by the company presenting itself at open days at schools

and universities, and that the response was unprecedented. Twenty graduates were

selected on a short-list, of which four would be chosen for the programme. They

must be black, with a minimum of two females and two males. They will spend time

in various parts of the business, and then they can focus on a particular area.

Jonsson’s has no preference for which vocation they chose. It is their attitude that is

important. He said that the company implores senior managers to mentor more


59

junior employees and to expose younger people to interesting aspects of the

workplace.

He said the company was looking at new approaches to how people engage with

labour. For example, they were looking at job-sharing, where two to three women

shared a job. This would also give them more freedom to fulfil responsibilities outside

of work. He said that on the assembly-line, flexitime was difficult, but job sharing was

possible.

He said the company needed to make more effort in terms of employing PWDs. He

said they employ a deaf black woman who is a self-taught seamstress. She has

taught her colleagues sign language. There is a young black male paraplegic in

security, who monitors the CCTV cameras. He committed the company to dealing

with PWDs in the next EE plan.

The Commission said that the company was on the right track. But it must have a

policy on all aspects of employment equity. It can also then be exchanged with

others as good practice.

22. PRESENTATION ON MOORDDRIFT DAIRY PTY LTD

Presented by Jacqueline Stander, Chief Financial Officer.

The enterprise is family-owned, and over 100 years old.

The employment profile of the company is as follows:

Top management level: 2 white males, 1 white female

Senior management level: 2 black males, 2 white males, 1 black female,

1 white female.

Administrative level: 197 black males, 9 white males,

125 black females, 20 white males.


60

The company relies on its EE plan to promote gender transformation in top and senior

management. The human resources manager is responsible for implementing and

overseeing gender transformation.

No resources are allocated to support gender transformation.

The EE plan highlights that “each employing and programming unit is expected to

undertake affirmative action to achieve equal opportunity for group members and

members of the underrepresented clientele and designated groups.” The

recruitment policy targets designated groups from the surrounding areas.

Preferential consideration must be shown for capable women and people with

disabilities when filling vacant posts. No discrimination is allowed against women or

PWDs in terms of pay, or conditions of employment.

The company has an EE and skills development committee and ensures a

reasonable representation of women and PWDs on the committee. Four members

of top and senior management are represented and six from administrative positions.

The representation is 50 percent male and 50 percent female. However, despite

the representation of women on the committee, it is difficult to ensure their

participation and feedback. The company tries to create an environment of

acceptance, where women can actively grow and contribute to the company’s

success. There is a programme which fast-tracks women and men for mentoring and

career progression.

The EE committee currently meets quarterly. However, this will be changed to every

second month to ensure that monitoring of progress can be more closely managed.

The company does have learnerships, although it says that it struggles to implement

these as it battles to find managers with the necessary qualifications to be trainers.

It also operates under financial constraints. The majority of people taking up study

assistance for designated groups are male. Furthermore, women take up shift work

and extra overtime to benefit financially due to large numbers of family dependents.

This makes it difficult for them to study, as they do not have the time.


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The company has a sexual harassment policy, but does not conduct sexual

harassment campaigns. The company deems the policy to be effective. There are

no reported cases of sexual harassment.

No childcare facilities are provided. The company says it struggles to find suitably

qualified and experienced employees from designated groups. The company

would appreciate education on relevant legislation.

Discussion on Moorddrift Dairy (Pty) Ltd

The Commission commended the company for the 50/50 representation of women

on the EE and skills development committee. It stressed that the company must run

sexual harassment awareness campaigns. It must also target women directly for

study assistance. It questioned which skills the company requires to promote women.

The Commission asked whether the company could conduct a survey on childcare

and maternity leave.

The representative said that they try to get people with disability to work on the farm.

There is a deaf woman working in the dispatch area. They also have programmes

with the Red Cross.

There are no childcare facilities. They do provide staff from the communities with

transport to the farm.

23. SUPPLEMENTARY HEARINGS

In the case of EH Hassim, a supplementary hearing was held on 12 January 2017 at

CGE’s offices. See Appendix 1 for the report.

24. CONCLUSIONS

Many companies presented a suite of policies, but had little or no evidence of the

impact of these policies.


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1. In general, companies make scant provision for people with disabilities. There

sometimes exists anecdotal evidence of the employment of such people, but

the issue is often not mainstreamed into transformation policies, or targeted

and addressed systematically. There also seems to be a lack of awareness of

the White Paper on disability.

2. The top levels of companies are largely dominated by white males. A notable

exception was an Indian-owned and run business, which was dominated by

Indian males.

3. In terms of the employment pyramid, there is generally an inverse relationship

between positions of seniority and the numbers of people from designated

groups, especially black women.

4. The challenge of the scarcity of skills and experience required for various jobs,

among women, was often noted. This is exacerbated by the EAP in certain

geographical locations and rural locations. Another problem with finding

requisite skills and expertise is the nature of the work involved. One such

instance is that women do not follow careers in science, technology,

engineering and maths. Another is that women are not physically capable of

work involving hard, manual labour. Another is that women are not attracted

to jobs involving long hours and shift work. Another case is unpleasant working

environments, for example abattoirs or underground. In these cases, the

Commission urged employers to actively target women, and to be gender-

sensitive.

5. The Commission urged companies not to harbour assumptions about women’s

likes and dislikes. Such assumptions mitigate against women being employed

for particular jobs, because it is assumed that they do not wish to be.

6. There is a prevalent misapprehension that because sexual harassment is not

reported, or because an entity is small, sexual harassment does not exist. The

Commission pointed out that there are numerous reasons as to why sexual


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harassment may not be reported, which is not the same as its non-existence.

These reasons include an environment not conducive to the safe reporting of

such cases, such as an environment which is male dominated. The

Commission urged companies to provide a safe environment and safe means

whereby sexual harassment may be reported and dealt with.

7. Many companies raised the fact that overriding structural conditions such as

the economic downturn, droughts, the low price of oil, conditions within

sectors, for example, manufacturing, are not conducive to spending on

gender mainstreaming in terms of creating new positions which can be filled

by women, or training women.


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A P P E N D I X 1

SUPPLEMENTARY HEARING HELD ON 12 JANUARY 2017, CGE BOARDROOM.

1.PRESENTATION BY EH HASSIM BUILDERS WORLD

Presented by the CEO, Mr Z. O Tayob, Tsakani Khoza, Group Human Resources

Manager and Erich Katzke,Human Resources Consultant.

The company is based in Limpopo. It offers its’ extensive line of hardware products

through fine retail outlets in Limpopo. The Commission accepted an apology from

the CEO of the company for failing to appear before the initial hearings held on 28

October 2016.

There is a total of 465 staff. Three hundred and fifty-one (351) are males, of which 290

are Africans, 3 coloureds, 16 Indians and 6 white males. There are 114 females, of

which 94 are Africans, 3 coloureds, 6 Indians, and 8 white females.

At top management level, there are 3 Indian males. There are 2 males in senior

management of which they are cited as foreign nationals. There are 5 African males,

1 African female, 1 white female, 1 coloured female, 2 Indian males and 6 foreign

males respectively at middle management. At junior management level there are 50

African males, 29 African females, 3 coloured males, 8 Indian males, 4 Indian females,

5 white females and 4 white males.

The HR manager is responsible for gender transformation, which will form part of her

performance review going forward. The movement of women and PWDs with

disability is tracked through the EE plan.

The CEO advised the Commission that the company is a family business that was

established in 1895 and that throughout its existence there was a lack of priority on


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employment and gender issues. A decision was taken nearly two years ago to turn

the company into a corporate professional business and thereby comply with the

necessary laws and policies. The CEO advised that the company has a bursary

programme of which R100 000 is offered for 12 months of study. The bursary is not

conditional to employment at the company. The CEO advised that the Commission’s

transformation hearings were a learning curve for the company to comply with the

necessary gender legislations.

The company has established ramps in all its yards to enable the environment to be

accommodating for PWDs. The company has 7 employees with disability, all of them

male.

The company has established a three- and 5- year exit strategy to deal with

transformation in the company. Included in the strategies is the succession training

of identified candidates and these candidates include women. The company

indicated that in the last six months seven female employees were appointed to


The company intends opening four stores in and around Limpopo. In this regard the

company intends to employ 700 people. The company resolved that 25 per cent of

these employees will be females in management positions. The company commits

to appoint from within the company.

The company has established training and development programmes in terms of

their expansionary development of the business. These programmes include inter

alia, business leadership, coaching, negotiating for results, leadership skills for

supervisors, and human resources. A budget of R831 375, 00 has been set aside for

these trainings in 2017.

The challenge with gender transformation is that the work is mainly physical, and

women are not attracted to this sort of work.

The company has a sexual harassment policy and only one case was reported in

2014. Awareness programmes around this policy take place annually.


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There are no childcare facilities due to the nature of the environment that does not

make it suitable for children.

The company has submitted all requested gender-related policies.

Discussion of EH Hassim Builders World

The Commission commended the company for having a plan and vision towards

gender transformation. The Commission urged the company to take cognisance of

the White Paper on disability. It also said that all stores must be accessible to

employees with different disabilities. The Commission is concerned about women

with disabilities not being represented in the company.

The figures indicate that the company is widely dominated by males. Although the

company argues that the nature of work requires physical strength, it is however

observed that the lack of female representation at the company does not reflect the

demographics of the country.

It is observed that both middle and junior management are also dominated by

males. This imbalance is concerning considering that generally management

positions do not necessarily require the physical strength of a person. A view may

therefore be expressed that the lack of female representation in this position is due

to the company’s lack of gender transformation mechanisms and strategies that

seek to ensure that females are escalated to senior management positions.

It is noted that once the performance review of the human resources manager

includes gender transformation, it will ensure that the company strives with

commitment to achieve their targets as delineated in the EE plan.

The submissions by the CEO indicate how private companies in general have minimal

understanding of what is required by the EE legislation. It therefore becomes evident

that non-compliance with the EE legislations has been for a longer period. It is

necessary that the company comes to terms with the fact that such better

representation among the designated groups makes business sense.


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The Commission noted that the company intended to open four new stores and

therefore advised the company to commit to recruiting people with disabilities in

these stores and urged the company to conduct further training around sexual

harassment. The opening of the new stores is a window of opportunity for the

company to increase its female representation and people with disability. The

company has set a baseline of at least 25 per cent of women targeted for

management positions in the intended stores. Although this is below the 50 per cent

representation, it is positive and a bold start to transformation.

The company resolved to include in its advertisements that women and persons with

disability are targeted. The Commission pointed out that the company needs to be

intentional about gender transformation and thereby observed that the unskilled

and semi-skilled categories need to change in terms of race and gender.

In terms of the sexual harassment policy, the Commission advised that there is a need

to have a structure that supports sexual harassment victims and is thereby responsive

to claims of sexual harassment. This measure will reassure the complainants that the

company understands the serious nature of sexual harassment and its effect on the

victims in the workplace.

The Commission urged the company to have succession plans for female

employees, as this measure would ensure that the company retains its female

candidates who are reassured of growth in the company.

Although the recruitment policies are found to be non-biased, it was, however, noted

that the interview panel may be biased because there are only male panelists.

In terms of maternity leave, the female employees are given four months’ unpaid

maternity leave. These women find their jobs still intact when they return to work after

maternity leave.

The company has an in-house training centre that is accredited by SETA and

employees are trained therein. The Commission commended the company for this

good practice.


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CONCLUSIONS OF THE HEARING

In order to achieve gender transformation, it is required that the company must show

intention and commitment to EE issues. Both practical and bold steps need to be

taken by the management to achieve this. It became evident during the hearings

that the company needed some guidance around the EE laws. The company

indicated that the transformation hearings were a learning curve and as such

appreciated the Commission’s assistance. The Commission will continue to work with

the company around employment equity issues and compliance with relevant laws.

RECOMMENDATIONS

• The company needs to improve female representations in management

positions by ensuring that at least 25 per cent of women are appointed in

management positions in the new stores.

• The company needs to improve representation of women with disabilities and

race representation of whites, Indians and coloureds.

• In the employment of persons with disabilities, the company needs to consider

all forms of disabilities.

• The company interview panel needs to be gender-balanced.

• The company needs to consider headhunting at the University of Limpopo for

persons with disabilities.

• The company needs to create succession plans for female employees.


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NOTES:

GAUTENG :JOHANNESBURG (HEAD OFFICE)2 Kotze Street, Women’s Jail, East WingConstitution Hill, Braamfontein 2017, South AfricaTel: +27 11 403 7182 Fax: +27 11 403 7188

EASTERN CAPE (EAST LONDON)33 Phillip Frame RoadWaverly ParkChilselhurstEast London, 5200Tel: +27 43 722 3489Fax: +27 43 722 3474

FREE STATE (BLOEMFONTEIN)49 Charlotte Maxeke Street, 2nd Floor,Fedsure Building,Bloemfontein 9300Tel: +27 51 430 9348Fax: +27 51 430 7372

GAUTENG (PRETORIA)267 Lillian Ngoyi Street,Preator ForumPretoria 0002Tel: +27 12 341 6090 Fax: +27 12 341 4689

KWAZULU-NATAL (DURBAN)40 Dr. A.B Xuma Road, Suite 313, Commercial City Durban 4001 Tel: +27 31 305 2105Fax: +27 31 307 7435

LIMPOPO (POLOKWANE)Cnr. Grobler & Schoeman Streets, 1st Floor, Library Gardens Square,Polokwane 0700Tel: +27 15 291 3070 Fax: +27 15 291 5797

MPUMALANGA (NELSPRUIT)32 Belle Street, Office 212-230, Nelspruit 1200Tel: +27 13 755 2428Fax: +27 13 755 2991

NORTHERN CAPE (KIMBERLEY)143 Du Toitspan Road, Kimberley 8301Tel: +27 53 832 0477Fax: +27 53 832 1278

NORTH WEST (MAFIKENG)38 Molopo Road, Mafikeng 2745Tel: +27 18 381 1505 Fax: +27 18 381 1377

WESTERN CAPE (CAPE TOWN)132 Adderly Street 5th Floor, ABSA Building, Cape Town 8001Tel: +27 21 426 4080 Fax: +27 21 424 0549

TOLL FREENUMBER:0800 007 709

[email protected] I www.cge.org.za

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