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Article 14/2026

From the previous articles dealing with employment equity, it is evident that a designated employer should, amongst other things (in no sequence of importance):

  • identify the correct sector within which it operates, so that it can align itself with the sectoral targets
  • ensure that its EEA9 classification is correct
  • choose the right EAP
  • determine whether a person is a suitably qualified person – firstly, same providing a ground for deviation from an employment equity plan and, secondly, same providing a justifiable reasonable ground for non-compliance with targets.

But, how should a designated employer deal with its employment equity targets from 2025 until the end of 2030?

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A 5-year employment equity plan is required, spanning from 1 September 2025 to 31 August 2030 and, in this plan, the following baseline year and measurement years can be identified:

End of 2025

  • this is the baseline year
  • no compliance certificate will be issued if the employer is guilty of unfair discrimination from 1 January 2025
  • the employer sets its own targets and there is the duty to make reasonable progress

End of 2026

  • this is measurement year 1
  • no certificate of compliance is issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the targets without justifiable reason
  • the employer sets own targets and there is a duty to make reasonable progress

End of 2027

  • this is measurement year 2
  • no compliance certificate will be issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the employment equity targets without any justifiable reason
  • the employer sets its own targets and there is a duty to make reasonable progress

End of 2028

  • this is measurement year 3
  • no compliance certificate will be issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the targets without justifiable reason
  • the employer sets its own targets and there is a duty to make reasonable progress

End of 2029

  • this is measurement year 4
  • no compliance certificate is issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the targets without justifiable reason
  • the employer sets its own targets and there is a duty to make reasonable progress

End of 2030

  • this is measurement year 5
  • compulsory sectoral targets are applicable
  • no compliance certificate will be issued if the employer is found guilty of unfair discrimination from 1 January 2025, or there is non-achievement of these sectoral targets without justifiable reason
July 20, 2026

Precautionary suspensions

In the public sector, the Senior Management Service Handbook (SMS Handbook) directly addresses precautionary suspensions and the 60-day time limit.

Clause 2.7(2)(c) of the SMS Handbook provides that ‘If a member is suspended or transferred as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.’

Regulation 6 of the Local Government: Disciplinary Regulations Senior Managers, 2010 (Regulations) provides for the precautionary suspension of senior municipal employees and Regulation 6(6)(a) provides: ‘If a senior is suspended, a disciplinary hearing must commence within three months after the date of suspension, failing which the suspension will automatically lapse.’

What are the principles governing a determination of the question as to whether or not a senior municipal employee’s suspension automatically lapses in terms of the aforesaid Regulation 6(6)(a)?

Obviously, the answers to the aforesaid question are very relevant in the private sector where, firstly, a collective agreement regulates a similar process or, alternatively, such contractual rights have been created between the parties, to be enforced in terms of s77(3) of the BCEA.

July 13, 2026

In the previous article, we dealt with the consequences of a plant level collective agreement with a definite beginning and end date. We indicated to you that, in line with s23(2) of the LRA, and an analysis of the relevant case law, that, once such a collective agreement reaches its expiry date, it expires and is no longer of any force or effect. In this article, we deal with the scenario where a plant level collective agreement is concluded for an indefinite period and the employer gave notice to terminate same.

What are the consequences when a party to a plant level collective agreement, concluded for an indefinite time period, gives notice to terminate such collective agreement?

July 6, 2026

In terms of s23(2), a collective agreement binds, for the whole period of the collective agreement, every person so bound in terms of s23(1)(c) (the members of a registered trade union and the employers who are members of a registered employers’ organisation who are a party to the collective agreement, if the collective agreement regulates the terms and conditions of employment, or the conduct of the employers and employees) who was a member at the time it became binding, or who becomes a member after it became binding (irrespective of whether or not that person continues to be a member of such trade union or employers’ organisation for the duration of the collective agreement).

What is the relevant case law development as to a plant level collective agreement that has an expiry date, i e does such collective agreement continue to be of force and effect after such expiry date?