On 19 May 2017, the change to the Employment Equity Act effected by the outcome of the court case between ATP, the President of South Africa, the Department of Labour and the HPCSA was gazetted. This means that clause (d) of Section 8 that was added in the Amendment Act is null and void and of no effect.
We have had some questions from clients regarding the implications of this decision, and wanted to share our position with you in the hope that it grants some clarity.
The scrapping of the clause (d) does not suddenly mean that there will be a "free-for-all" regarding the availability of poor quality tests for use in industry. The same requirements apply as they always have: Tests should be demonstrated to be reliable, valid, free from bias and be applied fairly. This should also extend to contexts outside of the workplace. Psychologists have the ethical responsibility to ensure that the assessments they use meet these requirements.
At JvR, we work hard to ensure that our assessments have local research, are standardised locally wherever possible, and have good evidence for the reliability, validity, and the fair and equitable use of the assessment.
We do not believe that the scrapping of clause (d) means that tests should not be evaluated.
We are strongly in favour of a test evaluation system that is transparent, objective, efficient and effective. We have always tried to work in a collaborative way with the HPCSA and with other bodies with an interest in test evaluation, and will continue to do so to help create a world-class test rating agency. While many of the assessments we distribute have already been evaluated by international bodies, we are committed to demonstrating the quality and utility of the tests that we distribute in the South African context.