ASSESSMENT REPORT OF ESKOM HOLDINGS SOC LIMITED MEGAWATT PARK,

MAXWELL DRIVE, SUNNINGHILL, 2157

Report on the Director General Review conducted in terms of Section 43 of the EE Act 55
of 1998, as amended, at Eskom Holdings SOC LIMITED, Megawatt Park, Sunninghill

ENTITY PROFILE

a) Eskom Holdings Soc Limited is operating in the Energy Sector.

b) The Accounting Officer is Mr. Sean Maritz as reflected in the signed DG Review Assessment Form (EEA
7).

c) Dr. Cynthia Khumalo is the Assigned Senior EE Manager, as reflected in the signed DG Review
Assessment Form (EEA 7) as well as the assignment letter signed by the former Group CEO Mr Brian
Molefe.

d) The Institution reported a total permanent workforce of 42919 in 2014 and 42752 employees in 2016,
which shows a workforce decrease of 167 over the past three years.

e) In 2016 EE Reports, the institution indicates that it employs 1275 persons with disabilities (PWD) which
represents a noteworthy 3% of the total workforce.

1. ISSUES TO BE DETERMINED

a) Whether the employer has appointed one or more senior managers required by Section 24, and
whether functions are being conducted as defined;

b) Whether the employer has consulted with the employees as required by section 16 read with section
17;

c) Whether the employer has conducted an analysis as required by section 19;

d) Whether the employer has prepared and is implementing its Employment Equity Plan as per section
20(1) and (2) read together with section 42 of the Act;

e) Whether the employer has submitted its Employment Equity Report as per section 21 of the Act; and

f) Whether the employer complies with all the provisions of the Employment Equity Act.

1
 2. SURVEY OF EVIDENCE

The Director-General (DG): Labour confirms the receipt of the following

documents as requested in the DG Assessment Form signed by the Accounting
Officer:
a) Duly completed DG Review Assessment form EEA 7;

b) Proof of the appointment of the Assigned EE Manager as required by section 24;

c) Proof of consultation as required by section 16 read with 17;

d) Proof of analysis as required by section 19;

e) Proof of an Employment Equity Plan (EE Plan) as required by section 20; and

f) EEA 2 and Income differential statements, EEA 4 as required by sections 21 and 27;

2
 3. EVALUATION OF THE DEMOGRAPHICS AS PER SECTION 42

3.1 REPORTS

Reported
Reporting
Employer Report Status Duration of EE Plan Start of Plan End of Plan
Period
Size
2016 150 or more Reported 1 year 2016/04/01 2017/03/31
2015 150 or more Reported 1 year 2015/04/01 2016/03/31
2014 150 or more Reported 1 year 2014/04/01 2016/03/31

3
3.2 ANALYSIS OF EMPLOYMENT EQUITY REPORTS

Top Management

All employees including persons with disabilities

Foreign
Male Female
All employees including Nationals
Total
those with disabilities
A C I W A C I W Male Female

35.3
National EAP 2016 42.1% 5.4% 1.7% 5.6% 4.6% 1.0% 4.3% 0% 0% 100%
%

35.6
Provincial EAP 2016 43.4% 1.7% 2.0% 8.4% 1.3% 1.3% 6.2% 0% 0% 100%
%

EE Report Goal 2017 11 1 1 3 6 1 1 1 0 0 25

44% 4% 4% 12% 24% 4% 4% 4% 0% 0% 100%

%
2016 Targets (T) 11 1 1 3 6 1 1 1 0 0 25
Reported Workforce
15 0 2 4 3 0 0 0 0 0 24
(WF)
8.3 16.7 12.5 0.0 100.
% WF 62.5 % 0.0 % 0.0 % 0.0 % 0.0 % 0.0 %
% % % % 0%
2015 Targets (T) 13 0 3 4 6 0 1 1 0 0 28
Reported Workforce
12 0 1 5 5 0 1 1 0 0 25
(WF)
4.0 20.0 20.0 0.0 100.
% WF 48.0 % 0.0 % 4.0 % 4.0 % 0.0 % 0.0 %
% % % % 0%
2014 Targets (T) 13 1 4 5 6 1 1 1 0 0 32
Reported Workforce
13 1 5 6 5 1 1 1 0 0 33
(WF)
15.2 18.2 15.2 3.0
% WF 39.4 % 3.0 % 3.0 % 3.0 % 0.0 % 0.0 % 100
% % % %

4
TOP MANAGEMENT: MOVEMENTS
Male Female Foreign Nationals
All employees including
Total
those with disabilities
A C I W A C I W Male Female

EAP 2016 (National) 42.1% 5.4% 1.7% 5.6% 35.3% 4.6% 1.0% 4.3% 0% 0% 100%

2016 2 0 1 0 0 0 0 0 0 0 3
Recruitments
2015 1 0 0 0 0 0 0 0 0 0 1

2014 0 0 0 0 0 0 0 0 0 0 0

2016 2 0 0 0 0 0 0 0 0 0 2

Promotions 2015 0 0 0 0 0 0 0 0 0 0 0

2014 0 0 0 0 0 0 0 0 0 0 0

2016 2 0 1 1 2 0 1 1 0 0 8

Terminations 2015 1 1 2 0 0 0 0 0 0 0 4

2014 0 0 0 1 0 0 0 0 0 0 1

2016 0 0 0 0 0 0 0 0 0 0 0
Skills
Development 2015 0 0 0 0 0 0 0 0 0 0 0

2014 0 0 0 0 0 0 0 0 0 0 0

5
 NUMERICAL GOALS AND TARGETS IN THE EE PLAN

Top Management

Male Female Foreign Totals

Nationals
A C I W A C I W FM FF

EAP % 42.8% 5.3% 1.8% 5.3% 35.1% 4.5% 1.0% 4.2% 0% 0% 100%

Provincial
43.4% 1.7% 2.0% 8.4% 35.6% 1.3% 1.3% 6.2% 0% 0% 100%
EAP 2016
Numerical
2 1 0 0 19 0 2 5 0 0 26
Goals 2020
11.5 19.2
7.6% 0% 0% 73.0% 0% 7.6% 0% 0% 100%
% % %
Numerical
2 1 0 0 19 0 2 5 0 0 29
Targets 2019
% 17.2
6.8% 3.4% 0% 0% 65%% 0% 6.8% 0% 0% 100%
%
Numerical
2 1 0 0 18 0 2 6 0 0 29
Targets 2018
% 20.6
6.8% 3.4% 0% 0% 62.0% 0% 6.8% 0% 0% 100%
%
Current
Workforce
31 16 0 2 5 2 1 0 0 0 0 26
December
2016
19.2
61.5% 0% 7.6% 7.6% 3.8% 0% 0% 0% 0% 100%
% %

6
Senior Management
All employees including persons with disabilities

Foreign
Male Female
All employees including Nationals
Total
those with disabilities
A C I W A C I W Male Female

35.3
National EAP 2016 42.1% 5.4% 1.7% 5.6% 4.6% 1.0% 4.3% 0% 0% 100%
%

35.6
Provincial EAP 2016 43.4% 1.7% 2.0% 8.4% 1.3% 1.3% 6.2% 0% 0% 100%
%

EE Report Goal 2017 120 19 30 86 93 15 14 23 6 1 407

21.1 22.8
29.4% 4.6% 7.3% 3.6% 3.4% 5.6% 1.4% 0.2% 100%
% % %
2016 Targets (T) 120 19 30 86 93 15 14 23 6 1 407
Reported Workforce
89 18 46 124 59 11 20 22 7 2 398
(WF)
11.6 31.2 14.8 2.8 100.
% WF 22.4 % 4.5 % 5.0 % 5.5 % 1.8 % 0.5 %
% % % % 0%
2015 Targets (T) 107 17 37 108 77 13 18 25 8 1 411
Reported Workforce
96 17 47 134 63 12 22 27 11 2 431
(WF)
10.9 31.1 14.6 2.8 100.
% WF 22.3 % 3.9 % 5.1 % 6.3 % 2.6 % 0.5 %
% % % % 0%
2014 Targets (T) 116 20 42 135 83 14 19 29 8 2 468
Reported Workforce
102 19 49 154 67 12 22 30 11 2 468
(WF)
10.5 32.9 14.3 2.6
% WF 21.8 % 4.1 % 4.7 % 6.4 % 2.4 % 0.4 %
% % % %

7
SENIOR MANAGEMENT: MOVEMENTS
Male Female Foreign Nationals
All employees including
Total
those with disabilities
A C I W A C I W Male Female

EAP 2016 (National) 42.1% 5.4% 1.7% 5.6% 35.3% 4.6% 1.0% 4.3% 0% 0% 100%

2016 0 0 0 0 0 0 0 0 0 0 0
Recruitments
2015 1 0 1 1 0 0 1 0 0 0 4

2014 3 0 0 4 1 0 0 1 1 0 10

2016 4 0 1 6 6 0 0 0 0 0 17

Promotions 2015 1 0 0 0 0 0 0 0 0 0 1

2014 1 1 1 2 3 0 0 0 0 0 8

2016 8 0 1 14 10 1 1 4 1 0 40

Terminations 2015 4 2 1 18 2 0 0 2 1 0 30

2014 7 0 4 12 5 0 0 2 2 1 33

2016 18 3 3 7 12 2 0 3 0 0 48
Skills
Development 2015 8 2 2 0 11 1 2 8 0 0 34

2014 18 3 16 0 14 3 7 8 0 0 69

8
 NUMERICAL GOALS AND TARGETS IN THE EE PLAN

Senior Management

Male Female Foreign Totals

Nationals
A C I W A C I W FM FF

EAP % 42.8% 5.3% 1.8% 5.3% 35.1% 4.5% 1.0% 4.2% 0% 0% 100%

Provincial
43.4% 1.7% 2.0% 8.4% 35.6% 1.3% 1.3% 6.2% 0% 0% 100%
EAP 2016
Numerical
78 11 24 26 109 21 52 123 0 0 369
Goals 2020
14.0 33.3
21.1% 2.9% 6.5% 7.0% 29.5% 5.6% 0% 0% 100%
% % %
Numerical
77 11 24 26 107 20 51 127 2 6 451
Targets 2019
% 11.3 28.1
17% 2.4% 5.3% 5.7% 23.7% 4.4% 0.4% 1.3% 100%
% %
Numerical
75 11 23 25 107 20 50 131 2 7 451
Targets 2018
% 11.0 29.0
16.6% 2.4% 5.0% 5.5% 23.7% 4.4% 0.4% 1.5% 100%
% %
Current
Workforce
31 92 18 45 117 65 10 21 23 9 2 402
December
2016
11.1 29.1
22.8% 4.4% 16.1% 2.4% 5.2% 5.7% 2.2% 0.4% 100%
% % %

9
Professionally Qualified

All employees including persons with disabilities

Foreign
Male Female
All employees including Nationals
Total
those with disabilities
A C I W A C I W Male Female

35.3
National EAP 2016 42.1% 5.4% 1.7% 5.6% 4.6% 1.0% 4.3% 0% 0% 100%
%

35.6
Provincial EAP 2016 43.4% 1.7% 2.0% 8.4% 1.3% 1.3% 6.2% 0% 0% 100%
%

EE Report Goal 2017 2162 347 322 971 1827 218 146 354 48 15 6410

15.1 28.5
33.7% 5.4% 5.0% 3.4% 2.2% 5.5% 0.7% 0.2% 100%
% % %
2016 Targets (T) 2162 347 322 971 1827 218 146 354 48 15 6410
Reported Workforce
1852 330 453 1292 1545 145 197 376 70 24 6284
(WF)
7.2 20.6 24.6 2.3 100.
% WF 29.5 % 5.3 % 3.1 % 6.0 % 1.1 % 0.4 %
% % % % 0%
2015 Targets (T) 1925 325 366 1114 1599 172 163 352 64 20 6100
Reported Workforce
1917 347 465 1376 1575 151 196 401 80 26 6534
(WF)
7.1 21.1 24.1 2.3 100.
% WF 29.3 % 5.3 % 3.0 % 6.1 % 1.2 % 0.4 %
% % % % 0%
2014 Targets (T) 1974 351 394 1284 1633 178 177 390 80 23 6484
Reported Workforce
1851 348 447 1429 1520 149 201 396 94 26 6461
(WF)
6.9 22.1 23.5 2.3
% WF 28.6 % 5.4 % 3.1 % 6.1 % 1.5 % 0.4 %
% % % %

10
PROFESSIONALLY QUALIFIED: MOVEMENTS
Male Female Foreign Nationals
All employees including
Total
those with disabilities
A C I W A C I W Male Female

EAP 2016 (National) 42.1% 5.4% 1.7% 5.6% 35.3% 4.6% 1.0% 4.3% 0% 0% 100%

2016 19 2 3 16 16 0 0 2 0 1 59
Recruitments
2015 82 7 20 37 34 1 1 9 12 0 203

2014 61 7 11 36 40 5 4 7 11 0 182

2016 45 3 5 11 44 1 4 3 1 0 117

Promotions 2015 82 7 17 23 92 8 4 7 0 2 242

2014 81 11 18 22 127 3 11 9 3 0 285

2016 116 18 17 88 73 7 6 26 9 1 361

Terminations 2015 77 9 16 93 55 5 8 9 17 1 290

2014 93 9 20 96 60 4 4 22 27 6 341

2016 377 42 89 94 429 28 55 72 0 0 1186

Skills
Development 2015 564 74 127 13 527 45 61 84 0 0 1495

2014 927 120 81 3 535 48 33 95 0 0 1842

11
 NUMERICAL GOALS AND TARGETS IN THE EE PLAN

Professionally Qualified

Male Female Foreign Totals

Nationals
A C I W A C I W FM FF

EAP % 42.8% 5.3% 1.8% 5.3% 35.1% 4.5% 1.0% 4.2% 0% 0% 100%

Provincial
43.4% 1.7% 2.0% 8.4% 35.6% 1.3% 1.3% 6.2% 0% 0% 100%
EAP 2016
Numerical
1657 153 215 360 1984 328 470 1162 0 0 5272
Goals 2020
22.0
31.4% 2.95 4.0% 6.8% 37.6% 6.2% 8.9% 0% 0% 100%
% %
Numerical
1638 151 212 366 1967 328 467 1198 18 55 6400
Targets 2019
% 18.7
25.5% 2.3% 3.3% 5.7% 30.7% 5.1% 7.2% 0.3% 0.8% 100%
%
Numerical
1628 150 211 367 1963 325 465 1218 20 58 6405
Targets 2018
% 19.0
25.4% 2.3% 3.2% 5.7% 30.6% 5.0% 7.2% 0.3% 0.9% 100%
%
Current
Workforce
31 1933 324 457 1245 1622 150 205 369 70 21 6396
December
2016
19.4
30.2% 5.0% 7.1% 25.3% 2.3% 3.2% 5.7% 1.0% 0.3% 100%
% %

12
Skilled Technical

All employees including persons with disabilities

Foreign
Male Female
All employees including Nationals
Total
those with disabilities
A C I W A C I W Male Female

35.3
National EAP 2016 42.1% 5.4% 1.7% 5.6% 4.6% 1.0% 4.3% 0% 0% 100%
%

35.6
Provincial EAP 2016 43.4% 1.7% 2.0% 8.4% 1.3% 1.3% 6.2% 0% 0% 100%
%

EE Report Goal 2017 8709 1152 456 2575 6638 781 208 1087 46 18 21770

11.8 30.4
40.0% 5.2% 2.0% 3.2% 0.9% 4.9% 0.2% 0.08% 100%
% % %
2016 Targets (T) 8709 1152 456 2575 6638 781 308 1087 46 18 21770
Reported Workforce
9366 1171 481 3195 6273 551 328 1057 56 27 22505
(WF)
2.1 14.2 27.9 2.4 100.0
% WF 41.6 % 5.2 % 1.5 % 4.7 % 0.2 % 0.1 %
% % % % %
2015 Targets (T) 7969 1037 433 2777 5748 616 291 1006 60 22 19959
Reported Workforce
8447 1086 474 3317 5842 565 331 1119 75 30 21286
(WF)
2.2 15.6 27.4 2.7 100.0
% WF 39.7 % 5.1 % 1.6 % 5.3 % 0.4 % 0.1 %
% % % % %
2014 Targets (T) 8316 1125 491 3223 6022 660 325 1151 79 29 21421
Reported Workforce
8330 1085 496 3533 5798 574 335 1155 88 33 21427
(WF)
2.3 16.5 27.1 2.7 100.0
% WF 38.9 % 5.1 % 1.6 % 5.4 % 0.4 % 0.2 %
% % % % %

13
SKILLED TECHNICAL: MOVEMENTS
Male Female Foreign Nationals
All employees including
Total
those with disabilities
A C I W A C I W Male Female

EAP 2016 (National) 42.1% 5.4% 1.7% 5.6% 35.3% 4.6% 1.0% 4.3% 0% 0% 100%

2016 1121 92 40 105 606 15 16 19 2 0 2016

Recruitments
2015 280 11 7 41 235 3 1 7 1 4 590

2014 390 16 6 47 306 5 4 15 1 6 796

2016 203 46 2 22 81 5 2 7 0 0 368

Promotions 2015 323 41 9 46 171 24 9 55 0 3 681

2014 203 14 4 27 75 5 0 8 2 0 338

2016 338 45 28 228 172 27 16 77 14 1 946

Terminations 2015 312 40 18 251 170 23 9 78 9 2 912

2014 236 42 15 217 125 20 15 68 16 13 767

2016 2223 118 167 220 1338 82 104 169 0 0 4421

Skills
Development 2015 2905 209 177 49 1723 119 101 251 0 0 5534

2014 1170 84 138 9 912 49 87 124 0 0 2573

14
 NUMERICAL GOALS AND TARGETS IN THE EE PLAN

Skilled technical

Male Female Foreign Totals

Nationals
A C I W A C I W FM FF

EAP % 42.8% 5.3% 1.8% 5.3% 35.1% 4.5% 1.0% 4.2% 0% 0% 100%

Provincial
43.4% 1.7% 2.0% 8.4% 35.6% 1.3% 1.3% 6.2% 0% 0% 100%
EAP 2016
Numerical
6381 552 300 936 10247 1266 449 2920 0 0 20398
Goals 2020
14.3
31.2% 2.7% 1.4% 4.5% 50.2% 6.2% 2.2% 0% 0% 100%
% %
Numerical
6335 550 302 952 10189 1261 449 3013 17 42 23110
Targets 2019
% 13.0 0.07
27.4% 2.3% 1.3% 4.1% 44% 5.4% 1.9% 0.2% 100%
% %
Numerical
6303 550 304 982 10138 1258 450 3068 19 48 23120
Targets 2018
% 13.2 0.08
27.2% 2.3% 1.3% 4.2% 43.8% 5.4% 1.9% 0.2% 100%
% %
Current
Workforce
31 9876 1192 458 3092 6393 561 309 1020 52 22 22975
December
2016
13.4
42.9% 5.1% 1.9% 27.8% 2.4% 1.3% 4.4% 0.2% 0.09% 100%
% %

15
Semi-skilled

All employees including persons with disabilities

Foreign
Male Female
All employees including Nationals
Total
those with disabilities
A C I W A C I W Male Female

35.3
National EAP 2016 42.1% 5.4% 1.7% 5.6% 4.6% 1.0% 4.3% 0% 0% 100%
%

35.6
Provincial EAP 2016 43.4% 1.7% 2.0% 8.4% 1.3% 1.3% 6.2% 0% 0% 100%
%

EE Report Goal 2017 7516 954 142 693 3351 503 106 602 1 4 13872

%
Targets (T) 7516 954 142 693 3351 503 106 602 1 4 13872
Reported Workforce
8527 1113 60 506 2330 360 59 527 3 6 13491
(WF)
0.4 3.8 17.3 2.7
% WF 63.2 % 8.2 % 0.4 % 3.9 % 0.0 % 0.0 % 100.0 %
% % % %
2015 Targets (T) 7586 938 96 591 2640 418 78 583 4 6 12940
Reported Workforce
8551 1040 60 561 2259 362 63 555 2 7 13460
(WF)
0.4 4.2 16.8 2.7
% WF 63.5 % 7.7 % 0.5 % 4.1 % 0.0 % 0.1 % 100.0 %
% % % %
2014 Targets (T) 8861 1093 1094 700 2774 448 85 669 3 8 15735
Reported Workforce
9257 1134 68 635 2319 387 71 645 4 10 14530
(WF)
0.5 4.4 16.0 2.7
% WF 63.7 % 7.8 % 0.5 % 4.4 % 0.0 % 0.1 %
% % % %

16
SEMI SKILLED: MOVEMENTS
Male Female Foreign Nationals
All employees including
Total
those with disabilities
A C I W A C I W Male Female

EAP 2016 (National) 42.1% 5.4% 1.7% 5.6% 35.3% 4.6% 1.0% 4.3% 0% 0% 100%

2016 644 165 4 11 196 20 1 10 1 0 1052

Recruitments
2015 173 9 2 10 209 12 1 23 1 0 440

2014 296 23 3 27 117 8 3 13 0 0 490

2016 12 0 0 0 4 0 0 0 0 0 16

Promotions 2015 0 0 0 0 0 0 0 0 0 0 0

2014 6 1 0 3 2 0 0 0 0 0 12

2016 439 46 3 39 55 16 3 34 0 0 635

Terminations 2015 557 63 2 40 71 10 1 54 3 0 801

2014 473 46 2 28 50 13 4 43 1 0 660

2016 2174 113 42 90 510 45 24 74 0 0 3072

Skills
Development 2015 3022 174 28 5 841 91 25 129 0 0 4315

2014 2022 145 28 1 481 49 18 92 0 0 2836

NUMERICAL GOALS AND TARGETS IN THE EE PLAN

17
 Semi-skilled

Male Female Foreign Totals

Nationals
A C I W A C I W FM FF

EAP % 42.8% 5.3% 1.8% 5.3% 35.1% 4.5% 1.0% 4.2% 0% 0% 100%

Provincial
43.4% 1.7% 2.0% 8.4% 35.6% 1.3% 1.3% 6.2% 0% 0% 100%
EAP 2016
Numerical
2207 435 57 483 7003 939 57 360 0 0 10292
Goals 2020

21.4% 4.2% 0.5% 4.6% 68.0% 9.1% 0.5% 3.4% 0% 0% 100%

%
Numerical
2167 339 56 485 7059 933 56 358 3 1 11457
Targets 2019
% 0.02
18.9% 2.9% 0.4% 4.2% 61.6% 8.1% 0.4% 3.1% 0.01% 100%
%
Numerical
2137 335 55 487 7094 929 55 359 3 1 11455
Targets 2018
% 0.03
18.6% 2.9% 0.4% 4.2% 61.9% 5.4% 0.4% 3.1% 0.01% 100%
%
Current
Workforce
31 7722 1036 58 440 2182 342 56 500 1 4 12341
December
2016
62.5% 8.3% 0.5% 3.5% 17.6% 2.7% 0.4% 4.0% 0.015 0.03% 100%
%

18
 5. ANALYSIS OF EVIDENCE AND ARGUEMENT

5.1 ASSIGNMENT OF SENIOR EE MANAGER

The organisation submitted a letter dated 26 June 2016 signed by the former CEO/Accounting Officer Mr.
Brian Molefe appointing Dr. Cynthia Khumalo as the Assigned Senior EE Manager.

In the light of the above, the employer has complied with the provisions of section 24 of the EEA

5.2 CONSULTATION PROCESS

Eskom SOC Holdings Limited submitted the following documents regarding consultation:

 A programme for the National EE & SD Capacity Building Workshop held on 16 -17 March and 26-
27 June 2017 respectively.
 Minutes of the meetings accompanied by the agendas and signed attendance registers for the
following dates:
11 May 2017
10 January 2017
20 December 2016
1 October 2016
1 July 2016
The list of Employment Equity Forum Members only makes reference to the stakeholders the members are
representing. It is clear that the composition of the forum does not meet the requirements of section 16
which states that a designated employer must consult with-
 A representative trade union representing members at the workplace;
 Employees across all occupational levels of the employer’s workforce;
 Employees from designated groups;
 Employees who are not from designated groups (non-designated).
The representation of the non-designated (white males) is not clearly captured on the attendance registers.

In addition, item 4 of the minutes of the 10 th January 2017 stipulates that the EE Forum sought reasons why
the analysis was not shared with the forum as required by section 17 of the Act? And reason provided was
that the Report would be shared after the CCMA court case Furthermore, on these minutes, there is no
indication if the Successive EE Plan was consulted on by all stakeholders before it was signed off by the
Group CEO; Mr. Matshela Koko on 5 May 2017.

In light of the above, the employer is not in full compliance with the requirements of section 16 read
with 17 of the EEA.

19
5.3 EE ANALYSIS REPORT

Eskom Limited submitted an EEA 12 Analysis Report as evidence that an extensive analysis of employment
policies, procedures, practices and the working environment to identify employment barriers which
adversely affect people from the designated groups was conducted as required by section 19(1) of the EE
Act. The organisation went further to include proposed affirmative action measures which will be
implemented to correct the shortcomings.

The Organisation has gone further to conduct a workforce profile analysis within each occupational level to
determine the degree of under representation of people from the designated groups and included
strategies to address the under representation.

However; the Economically Active Population as per section 42(1) of the Act is outdated, the company has
not used the latest which is the 2016 EAP published in the 17 th CEE Annual Report.

Therefore; the employer does not fully comply with the provisions of section 19(2) read with section
42(1) (a) of the EEA.

5.4 EMPLOYMENT EQUITY PLAN

Eskom has submitted an Employment Equity Plan (EE Plan) with duration of 3 years starting from 1 April
2017 to 31 March 2020.
The EE Plan was analysed and the following shortcomings were identified:

a. The objectives to be achieved are contained on page 3, they are tabled for each year of the Plan as
required by section 20 (2) (a) of the Act.
b. Barriers and affirmative action measures are contained on pages 4-8 of the plan with responsible
persons to monitor the implementation of these affirmative action measures. The timeframes to
track progress of these measures are included in the plan; however under remuneration and
benefits category the end date goes beyond the end of the plan which is 31 March 2022.
c. The plan does have numerical goals and targets on pages 9-16 of the plan, however there are no
strategies intended to achieve those goals as required by section 20(2)(c).
d. The duration of the plan is correctly stipulated on page 3 of the plan.
e. Procedures to monitor and evaluate the implementation of the plan are contained on page 17 of
the Plan with clear roles and responsibilities of each stakeholder including the timeframes.
f. Dispute resolution on page 17 of the plan does not outline internal procedures to be followed to
resolve any dispute about the interpretation or implementation of the plan before referral to CCMA
or Labour Court but states that Part 6 of the Recognition Agreement will be followed.
g. Senior persons responsible for implementing and monitoring the plan are mentioned on page 18 of
the plan as required by section 20(2) (h) of the Act.

Due to the above findings, Eskom Holdings has not fully complied with the requirements of Section
20(2) of the EEA.

20
 6. CONCLUSION

6.1 SUMMARY OF FINDINGS

Findings as follows:

6.1.1 Employer fully complies with section 24;

6.1.2 Employer does not fully comply with section 16 read with 17;

6.1.3 Does not fully comply with section 19;

6.1.4 Does not fully comply with section 20;

Consequent to the findings stated herein above, find attached a copy of Recommendations
prepared in contemplation of Section 44 (b) of the Act.

……………………………………………………………….
Deputy Director: Department of Labour: IES
Ms. Zoleka Ntshoza

……………………………………………………………….
Chief Director: Department of Labour: IES
Adv.. Fikiswa Mncanca

DATED: at PRETORIA on the 27th November 2017

21