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Article 7/2026

What are some of the important principles contained in Government Gazette 52514 of 15 April 2025 (Gazette 1) dealing with employment equity?

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These important principles can be summarised as follows:

  • in terms of s15A(1) of the Employment Equity Act (EEA), the Minister may identify national economic sectors for the purposes of the EEA, having regard to any relevant code in the Standard Industrial Classification of all Economic Activities, published by Statistics SA
  • item 1 of Gazette 1 identifies the 18 national economic sectors without any identification of sub-sectors – some indication of what should be taken into account in identifying the national economic sectors is to be found in EEA17
  • in terms of s15A(2) of the EEA, the purpose of sectoral numerical targets is to ensure equitable representation of suitably qualified people from designated groups at all occupational levels in the workplace – this provision has been incorporated into item 2 of Gazette 1
  • in respect of the implementation of affirmative action, item 3 deals with the following important issues:
    • 5-year sectoral numerical targets for the various population groups and gender from top management, senior management, professionally qualified, middle-management and skilled and technical is provided, as well as employees with disabilities – these targets are not intended to add up to 100%, as such targets exclude white males with no disabilities and foreign nationals (non-designated persons)
    • the manner in which designated employers must take targets into account in applying affirmative action is defined with reference to the EEA, the General Administrative EE Regulations (General Administrative Regulations) and the Codes of Good Practice issued ito the EEA
    • a designated employer will not incur penalties or any form of disadvantage if, in the assessment of compliance of affirmative action, it shows that there are reasonable grounds for non-compliance with the EE targets
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?