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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    • EEA16C (intention to withdrawn compliance certificate)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).
October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?