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Article 9/2026

Government Gazette 52515 of 15 April 2025 (Gazette 2) replaced the 2014 Regulations.

  • What are some of the more important features contained in Gazette 2?

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Employment equity plan (EE plan) duration

  • In terms of the 2014 Regulations, there was flexibility in this regard and the plan could be for a 1 to 5-year period.
  • Now, the period is fixed from September 2025 to August 2030 – however, new employers, after April 2025, must comply with the remainder of the periods.
  • The 5-year compulsory cycle must be aligned with the sectoral targets.

Numerical goals

  • In terms of the 2014 Regulations, an employer was entitled to set its own goals in terms of the economically active population (EAP).
  • Now, there are compulsory sectoral targets and annual compliance is required.

Sectoral approach

  • In terms of the 2014 Regulations, there were no explicit sectoral targets.
  • Now, there are targets so applicable, per sector (EEA17).

Compliance assessments

  • In terms of the 2014 Regulations, an employer’s compliance was assessed with regard to the employer’s elected own goals.
  • Now, compliance is measured against the employer’s progress in relation to the chosen sectoral targets – however, an employer receives protection when there are reasonable grounds for not complying with these targets.

Enforcement

  • In terms of the 2014 Regulations, same occurred by means of the utilisation of EEA5 to EEA7.
  • Now, such enforcement takes place by means of the following processes encapsulated in the forms as set out hereunder:
    • EEA5 (a request for an undertaking)
    • EEA6 (a compliance order)
    • EEA7 (the DG review assessment form)

Compliance certificate

  • This issue was not regulated in terms of the 2014 Regulations.
  • Now, compliance certificates are regulated by means of various processes encapsulated in the following forms:
    • EEA15 (request for compliance certificate)
    • EEA16A (compliance certificate: designated employers)
    • EEA16B (compliance certificate: non-designated employers)
    • EEA16C (intention to withdrawn compliance certificate)
    • EEA16D (withdrawal of a compliance certificate)

Economically active population (EAP)

  • Under the 2014 Regulations, the employer had an option to use either the national or regional EAP data.
  • Now, it is required that the employer must indicate which specific EAP data is used – subsequent articles will deal with more specific EAP requirements.

Forms

  • In terms of the 2014 Regulations, EEA1 to EEA14 were utilised.
  • Now, the original forms have been largely maintained but new ones added (EEA1 to EEA17 are being utilised).
August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?

August 10, 2026

What is the content of traditional consensus to indicate that an agreement exists between an employer and an employee?

If, on the traditional theory of consensus, a party fails to prove an agreement upon which it relies, with reference to Sonap Petroleum SA (Pty) Ltd v Pappadogianis 1992 (3) SA 234 (A), on what basis can a finding be made that quasi-mutual assent exists, founded on the approach that a party is precluded from denying the existence of an agreement based on their own conduct and the circumstances?

What does the three-fold enquiry entail to determine the presence of quasi-mutual assent?

In determining whether an agreement has been reached in the absence of traditional consensus, but on the basis of quasi-mutual assent, what is the extent of the duty on the party wishing to rely on such an agreement to, on the basis of reasonableness, enquire as to the contradictions that exist in the position of the other party so contained in correspondence?

August 3, 2026

Where do delictual claims fit into dispute resolution options applicable to employment disputes?