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Article 8/2026

Item 3 of Government Gazette 52514 of 15 April 2025 (Gazette 1) specifies that the manner in terms of which employers must take the 5-year sectoral numerical targets into account, in applying affirmative action measures, must be with reference to the provisions of the EEA, the General Administrative EE Regulations (General Administrative Regulations) and the Codes of Good Practice issued ito the EEA.

What are some of the more important provisions of the EEA, the General Administrative Regulations and the aforesaid Codes of Good Practice that have to be taken into account?

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EEA

The following are some of the more important provisions of the EEA that designated employers must take into account in applying affirmative action measures:

  • s19(2): requiring a workforce analysis to determine underrepresentation in relation to the demographic profile of the national and regional economically active population (EAP)
  • s20(2): numerical goals in employment equity plans (EE plans) are to achieve equitable representation relative to the EAP demographics
  • s20(2A): the employer must set numerical goals that must align with the ministerial sectoral targets derived from EAP data
  • s42(1): compliance is assessed using EAP comparisons (during reviews)
  • s53(6): EAP-aligned target compliance is a prerequisite for obtaining government contracts

Code of Good Practice: Preparation, Implementation and Monitoring of Employment Equity Plans (1999)

The following are some of the more important provisions in the above Code that employers must take into account in applying affirmative action measures:

  • item 7.2.12: employers must disclose relevant local, regional and national demographic information relating to EAP during consultation
  • item 7.3.2(b): employers must use EAP data when identifying underrepresentation of designated groups by occupational categories and levels
  • item 8.4.2: employers must consider provincial and national EAP data when setting numerical targets

Code of Good Practice on the Integration of Employment Equity into HR policies and practices (2005)

The following are some of the more important provisions of this Code that designated employers must take into account in applying affirmative action measures:

  • item 5.3.11: the workforce profile should be compared to EAP at national and provincial level – for setting numerical targets for each occupational category and level
  • item 5.3.13: employers are required to make reasonable progress towards achieving numerical targets by achieving equitable representation, so measured against EAP benchmarks

General Administrative Regulations (Gazette 2 of 15 April 2025 – Government Gazette 52515)

The following are some of the more important provisions of these regulations, inclusive of relevant forms, that designated employers must take into account in applying affirmative action measures:

  • regulations 8(5) to 8(6): employers must use EEA8 (EAP data) and EEA9 (occupational levels) for analysis – EAP data must be used as a benchmark to identify under- or over-representation of each race group (African, Coloured, Indian and White) and gender (as well as people with disabilities) at each occupational level
  • regulations 9(5), 9(8) to 9(12): EE plans and numerical targets must take into account, inter alia, EAP – annual and 5-year targets per race group and gender (inclusive of disability) at each level: the employer must avoid overrepresentation above EAP in any particular occupational level
  • Form EEA2: the reporting form is to reflect actual, as compared to, target numbers for each group and indicate whether EAP targets were achieved/exceeded
  • Form EEA4: the income differential statement – to be utilised to track pay equity with reference to EAP
  • Form EEA8: reflecting national and provincial EAP data – the official source to be used during analysis and benchmarking (Table 1 and Table 2 of the CEE Annual Report)
  • Form EEA12: the analysis template for workforce profile – requiring a comparison of current representation to EAP percentages for each race group and gender
  • Form EEA13: the EE plan template – it must include specific numerical targets for each race group and gender aligned with EAP benchmarking
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?