"WE don't want it to be a situation where it is said 'Van der Merwe the bill has been passed, so you must step down as the chief executive for Matuntuta to take over', "says Food and Allied Workers union Eastern Cape secretary Luyanda Matuntuta.
"That would create havoc," Matuntuta said, addressing what is arguably at the core of the criticism against the bill.
The bill – which will enforce racial quotas to fast-track what has been stubbornly slow transformation in the workplace – is the subject of a heated debate among parliamentarians, business and labour unions.
In Nelson Mandela Bay, unions say, black managers in the boardroom are few and far between. Numsa – whose members include workers from Volkswagen SA, General Motors SA, Ford Motor Cars, Continental Tyres and Bridgestone Tyres – says this is why this amendment bill is necessary.
Numsa regional secretary Phumzile Nodongwe said qualified black people were not given enough opportunities to be in senior management positions.
"So far there hasn't been true transformation, but [rather] lace curtain transformation. [Companies] always say blacks are expensive and overqualified with no work experience, but some of us were never given opportunities under apartheid," he said.
Volkswagen Group SA communications manager Matt Gennrich said the company had various levels of management and BBBEE representation varied from 10% to 68.9% at different levels.
"Almost 80% of all VWSA employees are black. The group invests in people, education, training and skills development. Over the past five years VWSA has invested more than R40-million to develop our learning academies," Gennrich said.
Continental Tyre SA (CTSA) corporate communications manager Gishma Johnson said "[About] 40% of management positions are filled by equity candidates. We continue to offer leadership training to high-potential previously disadvantaged employees. This year 89% of shop floor employees who took part in training and upskilling programmes are previously disadvantaged individuals."
General Motors SA (GMSA) communications manager Denise van Huyssteen said: "BBBEE is an important criterion. We are pleased to confirm that after a recent audit, we have been reissued with a Level 5 contributor rating."
The Boardwalk Casino & Entertainment World's Brett Hoppe said the company was controlled and owned by black empowerment company Emfuleni Resorts, with a BBBEE shareholding of 52.1%, and Eastern Cape-based BBBEE partner Zonwabise Resort Holdings, with a shareholding of 35.6%. Sun International holds the remaining shares.
He said 24% of management and 88% of the workforce was BBBEE-rated.
Matuntuta said his union was concerned about "lack of transformation" at Coca-Cola Fortune and SA Breweries. At SAB most blacks were supervisors, except for the company's corporate affairs and transformation executive director Dr Vincent Maphai. "It is rare to find people from previously disadvantaged backgrounds in decision-making positions." This was why the union supported the bill, if it was implemented carefully.
Coca-Cola Fortune did not respond to questions sent last week.
SAB media and communications head Robyn Chalmers said a total of 8.45% of the company's share capital was held by BBBEE participants.
"More than half of our management is BBBEE, more than three quarters of SAB's employees are from previously disadvantaged groups and almost 80% of the workforce is black," she said.
SA Commercial, Catering and Allied Workers Union (Saccawu) Uitenhage organiser Chris Thwalo said young job seekers were partly to blame for slow transformation.
Saccawu has members at Shoprite, Pick n Pay, Sovereign Foods, furniture shops and restaurants.
"People, especially those who are educated, are not willing to work their way up the ranks. They don't want to start off as being cleaners or cashiers at Shoprite because they have qualifications. Maybe a graduate from Nigeria can do that but not us South Africans.
At trade union Solidarity, spokesman Johan Kruger said the union was against the amendment. "This is not affirmative action which we are in favour of. This boils down to quotas. This is a step in the wrong direction."
Nelson Mandela Bay Business Chamber chief executive Kevin Hustler said the chamber supported transformation.
"We hope that the passing of the Employment Equity Amendment Bill will not be biased and will assist businesses to thrive within this competitive business environment."