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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    • EEA16C (intention to withdrawn compliance certificate)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).
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?