South Africa’s Employment Equity Act and B-BBEE framework are not neutral policies. They determine who can access employment, government contracts, supply chains, and investment based on race.
The Department of Employment and Labour has warned that employers who hire a domestic worker for 24 hours or more a month are legally required to register them
South Africa’s parental leave framework is undergoing a major change after it was ruled unconstitutional to extend parental leave to only 4 months for mothers.
The proposed Employment Services Amendment Bill marks a significant shift in how South Africa regulates the employment of foreign nationals, with employers expected to take a far more active role in ensuring ongoing compliance.
In Solidarity obo Benjamin v Department of Correctional Services and Others, the Labour Court reviewed and set aside an arbitration award dismissing an employee’s unfair labour practice claim. The dispute concerned circumstances where the Department’s selection panel had strongly recommended Ms Benjamin, a person classified as a ‘coloured female’, for promotion, but the Department declined to appoint her on the basis that the appointment would not align with its employment equity (EE) targets.
Newly analysed baseline data from the Commission for Employment Equity (CEE) has revealed that designated employer reports fell by 48.4%, from 29,269 to 15,090.
The Department of Employment and Labour is ramping up enforcement with 10,000 new inspectors across South Africa, raising critical questions for businesses about their compliance with labour laws and the potential risks of non-compliance.
Many managers are ill-equipped to handle an employee who is visibly unwell, repeatedly absent, or deteriorating over time. The instinct may be to manage the situation through the performance or disciplinary route.
The threatened anti-immigration march planned for 30 June 2026 has placed the issue of employment of illegal immigrants squarely in the spotlight.
As we move through the second half of 2026, South African businesses are under increasing pressure to move beyond B-BBEE reporting and scorecards toward genuine, measurable transformation that supports both regulatory requirements and sustainable growth.
Rising xenophobia is fuelled by narratives that woefully and wilfully misrepresent SA’s socio-economic problems and immigration and refugee law.
The Department of Employment and Labour (DEL) has gazetted its intention to table the Employment Services Amendment Bill in the National Assembly shortly.
These impose strict limitations on employment by race and sex for organisations with 50 or more employees.
Paid maternity leave is emerging as one of the clearest signs that employee benefits are being redesigned under cost and compliance pressure.
Chinese business owners in South Africa are urged to follow labour laws or face action amid concerns over wages and worker treatment.
South Africa needs bold reforms to overcome its unemployment crisis. Instead, the Department of Employment and Labour has put forward for public comment a raft of minor changes. A few of these are positive, but most are likely to deter job generation.
R637 million has vanished from the ETDP SETA — gone. The Auditor-General can’t trace it, there are no supporting documents, and the organisation’s record‑keeping is so chaotic it borders on deliberate negligence. Not a single official has been held accountable. To make it worse, the system itself is collapsing. Only 22% of the annual budget was actually used, while training costs in some cases are double the price of a full year at a university. That’s not inefficiency — that’s a structural failure draining public money while delivering almost nothing to the people it’s meant to empower.
Despite the growing national debate about Black Economic Empowerment (BEE), its core objective remains as urgent as ever: to broaden Black participation in the South African economy in a meaningful, sustainable, and value-adding way.
The Department of Employment and Labour (DEL) has made it clear: more inspectors are being trained, and the probability of an inspection has increased significantly, the author says.
Whether you are a business owner or you are looking after the HR function in a business, the subject of cannabis use amongst your staff is likely to cross your desk at some point.
President Cyril Ramaphosa has doubled down on Black Economic Empowerment in South Africa, saying that instead of loosening the laws or heeding calls to abolish them, the country should lean into taking them further.
The Portfolio Committee on Higher Education and Training has issued a stern warning to universities and Technical and Vocational Education and Training (TVET) colleges concerning the misuse of internationalisation as a justification for neglecting South Africa’s immigration and labour laws, Cape {town} Etc reports.
Following the conclusion of the first reporting period under the amended Employment Equity Act, the Department of Employment and Labour (DEL) is now moving to an aggressive enforcement phase.
EMPLOYMENT and Labour Minister Nomakhosazana Meth has described the DA’s court challenge of the amendments to the Employment Equity Act as an attempt to maintain the inherently unfair status quo.
A new private-sector proposal has reignited debate about how South Africa might simplify transformation. The concept is simple: companies pay 3% of gross revenue in exchange for automatic Level 3 B-BBEE status — a neat alternative to the complex scorecard system.
President Cyril Ramaphosa has issued a warning to employers in South Africa who hire undocumented foreign nationals, making it clear that the government is stepping up enforcement.
On 29 January 2026, the Department of Trade, Industry and Competition (dtic) published Notices in the Government Gazette where they invited interested parties and the public to submit written comments on the new and proposed amendments to several B-BBEE Codes of Good Practice draft statements.
As more companies push for a return to the office, a recent Labour Court ruling has delivered a crucial reminder: how employers implement change matters just as much as the decision itself. For thousands of South Africans who have spent the past few years working remotely — many of them far from traditional corporate hubs — this judgment signals an important moment. It’s no longer just about where you work, but how fairly that transition back to the office is managed.
Employment and Labour Minister Nomakhosazana Meth has announced an increase in the statutory National Minimum Wage (NMW) for 2026, raising it from R28.79 to R30.23 for each ordinary hour worked.
In today’s connected world, social media is no longer something employees leave at the office door. Whether it’s a quick tweet during lunch or an after-hours Facebook post, the boundaries between professional and personal lives are increasingly blurred, and that has real implications for employers.
The distinction between incapacity due to ill health (medical incapacity) and disability remains one of the most complex and sensitive areas of South African labour law. From both a practical and legal perspective, employers are required to balance operational efficiency against the constitutional and statutory rights of employees who are unable to perform their duties due to illness, injury, or impairment. The difficulty lies not only in determining whether an employee is capable of performing work, but also in navigating the overlapping obligations imposed by the Labour Relations Act 66 of 1995 (LRA), the Employment Equity Act 55 of 1998 (EEA), and the relevant Codes of Good Practice.
Government instinct is to drive transformation and encourage growth through more laws – when in fact it is simplified legislation that is required.
Closing South Africa’s implementation gap means putting merit ahead of exclusionary policy
The year 2025 saw a flurry of significant developments in South Africa’s labour law landscape.
Multiple political analysts have argued that the ANC is dying as it is not serving the people and is beset with incompetence and corruption.
In preparation for Employment Equity (EE reporting), NEASA advised employers to send a letter to the Department of Employment and Labour (DoEL) confirming that…
The policy is not perfect, but it needs to be improved, not abandoned.
A highly qualified jobseeker applies for a role you’re desperate to fill. Their application is screened out by an automated system. You’ve lost the perfect candidate and you don’t even know it. How could this have happened? Because the algorithm, trained on historical data, has learned to favour certain names, backgrounds, or even word choices, perpetuating biases that neither the applicant nor the employer intended. This scenario is not hypothetical. It is a growing reality as generative artificial intelligence (GenAI) and other automated tools become increasingly embedded in recruitment and workplace decision-making. As South African employers embrace these technologies, understanding and addressing algorithmic bias is not only a matter of compliance and reputation, but also of fairness and social responsibility.
South African labour law now recognises workplace bullying as harassment and unfair discrimination under the 2022 Code of Good Practice. Labour lawyer, Aslam Moolla explains how employees can respond legally—by documenting abuse, lodging grievances, and escalating to the CCMA—while highlighting the role of Legal Leaders in empowering workers to defend their rights.
Eskom has denied that it excludes any race or gender in its recruitment process, despite fighting in the Labour Appeal Court to be allowed to reject white male applicants from being shortlisted for an appointment.
Times are tough. And with the cost of living seemingly always on the increase, many employees will be setting their sights on receiving a year-end financial bonus to help fund what often feels like a very long and financially draining festive season.
Bullying can take place in the office and it can have a negative effect of the employees’ health.
Staging AI adoption under the Labour Relations Act, by Mehnaaz Bux, Partner at Webber Wentzel and Prineil Padayachy, Senior Associate at Webber Wentzel.
Black Economic Empowerment was introduced to address the inequalities of apartheid. It was meant to ensure black South Africans could meaningfully participate in the economy. It has undoubtedly opened doors for many, but some argue it’s failed to drive real transformation.
Government reaffirms that Broad-Based Black Economic Empowerment (B-BBEE) remains a key policy instrument of the State. The policy remains central to South Africa’s economic transformation and forms part of South Africa’s long-term strategy to redress historic injustices, broaden economic participation, and build a truly inclusive economy.
The Portfolio Committee on Communications and Digital Technologies has raised serious concerns about the slow pace of transformation and weak progress in broad-based black economic empowerment (B-BBEE) across the information and communications technology (ICT) sector.
The DA is attempting to push its Public Procurement Amendment Bill into law, which would effectively repeal BEE.
The Constitutional Court judgement on 3 October 2025 ushered in sweeping changes to parental leave, effective immediately. Consequently, many employers’ existing leave policies and practices are likely to be discriminatory. So, what steps should employers take?
October marks a significant moment of reflection and responsibility in South Africa’s journey towards greater inclusion.
The South African government has dumped employment as a macroeconomic design on the department of labour, says Pali Lehohla.
In a landscape where compliance can make or break a small business, it is crucial for SMMEs to recognise the importance of updating employment contracts to align with current legislation. Ignoring these changes could have dire consequences, leaving businesses vulnerable and exposed.
The ANC has pushed back hard against the DA’s proposal to scrap the Broad-Based Black Economic Empowerment (B-BBEE) policy, calling the suggestion an attack on South Africa’s transformation agenda.
Employment law across Africa is dynamic and often nuanced. With more than 50 countries/jurisdictions, each with its own distinct labour codes and evolving case law, the continent is far from a single legal market/jurisdiction. For employers operating across borders, this creates significant compliance challenges, particularly in sensitive areas like dismissal, where missteps can result in costly disputes and reputational damage.
The clock is ticking towards January 2026, when designated employers will be assessed against sectoral targets applicable to their industry. Employers without robust barrier analyses and well-substantiated justifications for variances may draw early attention as the Department begins its initial compliance reviews.
Economists have long debated whether the pursuit of equality undermines freedom.
An economist believes the BEE policy should be strengthened through transparency and accountability rather than being scrapped.
Businesses need to continually review their progress and reset their goals to accommodate the multiple dynamics of their organisation. One of the areas that needs diligent attention is diversity, equity and inclusion (DE&I) policy and practice, writes Taelo Mojapelo, CEO of bpSA.
The proposed Bill intends to remove race as a determining factor for companies wishing to do business with the State and replace it with an outcome-driven system.
A discussion can take place about scrapping B-BBEE when there is equality in South Africa, Cosatu says.
Race-based policies misdiagnose poverty’s roots, deepening inequality instead of empowerment.
The Auditor General’s office has described a situation in which there are few consequences for poor performance or malfeasance at the Department of Employment and Labour.
South Africa’s amended Employment Equity Act (EEA), which came into effect at the beginning of last month, will likely reduce the flexibility of businesses in South Africa in responding to market conditions, and their ability to contribute to job creation.
The Department of Employment and Labour says it will come down hard on any employers in South Africa who do not comply with the Employment Equity Act (EEA) and the new racial employment targets it set in April.
Busa’s case is not about seeking loopholes; it is about ensuring the rule of law is observed so that transformation measures are durable.
Party rejects Meth’s continued defence of policies despite evidence that these laws are killing jobs.
‘Progress has not been enough to equal the post-1994 promise to free the potential of each citizen.’
An empowerment levy could simplify compliance and unlock transformation funding – but only if credibility and enforcement come first.
South Africa’s jobs crisis demands immediate reform and only real action can turn opportunity into work for millions. Statistics South Africa’s latest Quarterly Employment Survey shows that over the past year, the formal sector has shed 229 000 jobs – 19 000 every month and 630 every single day.
Business Unity South Africa (Busa) has filed legal proceedings against the recently published Employment Equity (EE) Sector Targets, which officially came into effect on 1 September 2025.
Compliance with new racial quotas is impossible and will spell the downfall of any company that attempts to comply.
The DA condemns the coming into effect of the new employment equity reporting regulations today. South African businesses need to be free to grow and create jobs, rather than being forced to implement divisive, race-based quotas on behalf of the Minister of Employment and Labour.
JOHANNESBURG – The High Court dismissed NEASA and Sakeliga’s urgent bid to stop the new employment equity targets.
From 1 September, employers in 18 sectors must comply.
The opening of the 2025 Employment Equity (EE) Reports starts soon, with the Department of Labour warning employers to have their documentation ready. The submission of EE Reports for the 2025 EE reporting period begins on Monday, 1 September 2025.
The introduction of the Fair Pay Bill in June 2025, alongside recent amendments to the Companies Act, marks a pivotal moment in reshaping corporate culture. Focused on fairness, transparency and accountability, this new legislation goes beyond compliance—ushering in a transformative shift in how organisations define value, reward talent and build inclusive workplaces.
Voices from all sides unite to question ANC policies, BEE, and state failures.
The Information and Communications Technology sector faces unique challenges that may impact companies’ ability to comply with the Department of Labour’s newly introduced employment equity targets.
South Africa has officially crossed the threshold from slow decline into calculated economic self-destruction. The ANC has now moved beyond mismanagement and theft into deliberate legislated economic treason — targeting every business that employs more than 50 people.
While the Fair Pay Bill has been described as a step towards ending unequal pay, experts also highlight that it might pose some challenges for AI and technology companies, including start-ups and scale-ups that rely on flexible compensation structures.
Employment and Labour Minister Nomakhosazana Meth has outlined the top critical skills needed in the country, which the Department of Higher Education and Training (DHET) is trying to funnel students toward.
The DA strongly opposes the Minister of Employment and Labour’s proposed job-killing retrenchment reform, which would double the costs of retrenchment for struggling businesses, stifling hiring and job creation in South Africa.
WHEN should we stop working? It is a question that many South Africans encounter at some point, yet the answer is increasingly complex and deeply personal.
Business organisations say government’s new race and gender targets are procedurally flawed and unconstitutional.
In South Africa, there is much talk about transformation, equality and empowerment. Yet when it comes to hiring people with disabilities, many businesses still fall short.
Minister of Employment and Labour Nomakhosazana Meth’s Employment Equity Amendment Act aims “to make race laws more exacting by introducing race targets”. This means she is “the perfect recipient of the No More Race Laws petition”.
The department of employment and labour has rejected claims by the Democratic Alliance (DA) that the Employment Equity Amendment Act, which came into effect in January 2025, has sectoral racial quotas.
In Independent Municipal and Allied Trade Union obo S and another / Nelson Mandela Metropolitan Municipality, the Commission for Conciliation and Mediation (“CCMA“) had to consider whether the Nelson Mandela Metropolitan University (“employer“) was liable in terms of section 60 of the Employment Equity Act 55 of 1998 (“EEA“), following two complainants’ allegations that their employer did not respond adequately when made aware of the allegations of sexual harassment/discrimination committed by their colleague (“accused“).
2025 feels like a watershed year for Broad-based Black Economic Empowerment (B-BBEE) in South Africa. No longer is the discussion around “if” B-BBEE will change, but rather “when”.
Businesses chasing State contracts will be issued with an Employment Equity (EE) Certificate of Compliance valid for 12 months from the date of issue or until the next date on which the employer is obliged to submit a report, so said Department of Employment and Labour EE Deputy Director: Advocate Masilo Lefika.
Regulations require companies to reduce their white male staff component to as little as 4%
The Department of Employment and Labour is forging ahead with the implementation of the Employment Equity Amendment Act.
President Cyril Ramaphosa has defended BEE as an engine of growth.
Minimal regulation and scrapping restrictive laws can drive growth and reduce poverty
Part of an employer’s affirmative action obligations in accordance with Section 21 of the Employment Equity Act, 1998 (as amended) (EEA) and the newly enacted Employment Equity Regulations, 2025 (General Administrative EE Regulations) is the duty to report on progress made annually to the Director-General of the Department of Employment and Labour (DoEL).
Empowerment is not a handout, it is access to skills knowledge and ownership…
As unemployment rates soar, the government is considering introducing quotas limiting the number of foreign nationals in various sectors.
The Institute of Race Relations (IRR) on 21 May wrote to ten employment equity consulting firms across South Africa to ask for clarity on a core issue of liberty and law: will they advise their clients to dismiss employees who refuse to racially classify themselves under the Employment Equity Amendment Act?
How South Africa’s strict racial quotas push skilled white professionals abroad.
The Institute of Race Relations (IRR) will be writing to the vice-chancellors and principals of all 26 South African universities this week to ask if they intend forcibly classifying their staff by race, should individuals decline to self-classify, in line with the newly gazetted Employment Equity Sectoral Numerical Targets.
Writer doesn’t seem to realise that racial quotas were the bedrock of apartheid.
For any organisation, especially those operating in technically demanding sectors like mining and manufacturing, a sound Human Resource development strategy is the starting point.
An important step for designated employers to ensure compliance with their affirmative action obligations under the Employment Equity Act, 1998 (as amended) (EEA) and the newly enacted Employment Equity Regulations, 2025 (General Administrative EE Regulations) is the preparation and implementation of their employment equity plan (EE Plan).
The Pretoria High Court has reserved judgment on the DA’s case against the Employment Equity Act.
Minister Nomakhosazana Meth on 15 April gazetted sector-specific employment equity targets for employers.
Employers’ association and Sakeliga promise an immediate challenge to targets based on race, gender and disability under the new Employment Equity Amendment Act.
Cosatu slams claim employment equity law will affect growth.
Employees who earn above a certain amount annually will no longer be covered by South Africa’s labour legislation, effective from Tuesday.
The Ministry of Employment and Labour led by Nomakhosazana Meth has released the new Draft Code on Good Practice on Dismissal for public comment. Legal experts explain what this means for employers and employees.
Martin van Staden says Andrew Thompson relied upon flawed article by Anton Harber to casually dismiss index
This represents an increase of R7,376 from the previous amount of R254,371
Gayton McKenzie, the Minister of Sports, Arts and Culture, has defended a contentious job advertisement issued by his department. The advert, which lists a preference for “colored males, Indian males, white males, colored females, and Indian females” for the role of Parliamentary and Cabinet Support Officer, has sparked accusations of racial discrimination and questions about compliance with South Africa’s Employment Equity Act. McKenzie, however, stands firm, stating on social media: “Employment Equity, are you saying that you have never heard of it? We are making sure all races are represented, nothing really here to be alarmed about. Salute.”
A winning recipe in achieving economic growth is a streamlined regulatory environment and attractive tax policies for trade and investment.
As with the 2024 Draft Sector Targets, the 2025 Draft Sector Targets are set for “designated groups”, broken down by gender, but there are no specific targets per racial group. The figures are, however, markedly different from the 2023 and 2024 Draft Sector Targets and in many instances are significantly increased.
South Africa is considered to have some of the longest working hours in the world, but to change this would require massive increases in wages and changes to the country’s labour laws.
Dave Steward says demographic representivity poses an existential threat to minorities
Institute says DEL about to unleash new EE race targets on private business
The Nedlac Report on the Labour Law Reform Process has now been published, following negotiations on substantive labour law reforms between organised business, organised labour and government at the National Economic Development and Labour Council (Nedlac), which commenced in April 2022.
Piet le Roux says first round of quotas are supposedly to be met progressively within five years
The Department of Labour and Employment (DoL) will finalise consultations over South Africa’s new BEE targets by the end of February 2025 and publish two new employment equity regulations by the end of March.
On 17 February 2025, the Department of Employment and Labour (“DoEL“), held a virtual meeting where various stakeholders and industry players met to discuss and engage on, inter alia, the employment equity sector targets for the Professional, Scientific and Technical Sector.
During December 2024, the Department of Employment and Labour (DoEL) sent invitations to various stakeholders within 18 sectors, inviting them to attend virtual consultation meetings on numerical sector targets.
The hotly debated Companies Amendment Bills have now been signed into law by the President and were promulgated on 30 July 2024, with the date of implementation yet to be announced.
South Africa’s unemployment rate has decreased marginally, with the latest data showing that 31.9% of South Africans are unemployed.
A new report by the Centre for Development and Enterprise (CDE) calls for a radically new approach to small business development. “Given the stagnation of the small business sector and a government riddled with deficiencies and inefficiencies, the time has come to hand the reins to the private sector and let markets shape the future of entrepreneurship in South Africa,” said Ann Bernstein, executive director of CDE.
Movement says Dept does not even comply with the minimum basic requirements for being lawful and rational
The Minister of Employment and Labour, Ms. Nomakhosazana Meth, has announced an increase in the National Minimum Wage (NMW) for the year 2025, raising it from R27.58 to R28.79 per ordinary hour worked. This adjustment marks a 4.2 percent increase and is aimed at enhancing the economic stability of workers in South Africa.
Wanatu, a new e-hailing service operating in Centurion and Pretoria, has gained notable attention, but it could potentially face legal challenges.
JOHANNESBURG – A Draft Code of Good Practice on Dismissal is set to have an impact on Employment and termination procedures in South Africa. The new code has been published by the Employment and Labour Department and is open to public comment.
The Department of Employment and Labour gazetted a new draft on dismissals, making it easier for small businesses to fire employees.
Institute says we should be encouraging companies to expand and hire more people, not placing more barriers in the way
The newly published Draft Code of Good Practice on Dismissal marks a pivotal reform in South Africa’s employment dismissal framework, providing employers with clearer guidelines, enhanced flexibility, and a strong focus on fair labour practice.
With Sakeliga’s launch of a critical legal challenge to reverse harmful state overreach and BEE in the property sector, its CEO Piet Le Roux warns that the business interest group will have “more and more concurrent cases on these critical matters, not only on BEE in the property sector, but BEE in competition law, BEE in health products” – and is building “a wonderful case” against the NHI.
An employee’s Labour Court bid has failed after he was dismissed from his job at Overberg Agri-Bedrywe due to using his cellphone while operating heavy machinery, which breached the company’s safety policies.
Businesses abusing employees is a problem but abusing business is probably not the way to solve it.
Sending certain WhatsApp messages can land you in trouble with your employer or in jail in South Africa, and Legal Leaders managing director Aslam Moolla says South Africans should also be careful about sending emojis in work-related conversations.
In a retrenchment process, a section 189(3) notice is often regarded as the vital first step. It serves as an invitation to consult on proposed retrenchments and provides the consulting parties with all relevant information including, among other things, the reasons for the proposed retrenchments, alternatives to retrenchment that have been considered, the proposed selection criteria, severance pay and timing of dismissals. Usually, these topics form the agenda at the consultation meetings.
In a retrenchment process, a section 189(3) notice is often regarded as the vital first step. It serves as an invitation to consult on proposed retrenchments and provides the consulting parties with all relevant information including, among other things, the reasons for the proposed retrenchments, alternatives to retrenchment that have been considered, the proposed selection criteria, severance pay and timing of dismissals. Usually, these topics form the agenda at the consultation meetings.
The unintended consequences of the policies have compounded poverty and inequality in SA.
Misclassifying workers as independent contractors instead of employees can expose employers to serious risks, both from a labour law and tax perspective. The Labour Relations Act 66 of 1995 as amended (“LRA”) and other relevant labour laws provide essential protections to employees that independent contractors do not enjoy. Additionally, tax responsibilities shift significantly when someone is deemed an employee, as employers have obligations to the South African Revenue Service (“SARS”) in this context.
WATCH: 2025 started with big changes for some employers.
The Employment Equity Amendment Act came into effect on the first of January, with big changes for companies that employ more than 50 people.
The new laws aim to promote diversity and equality in the workplace.
The Employment Equity Amendment Act (EEA) 4 of 2022 came into effect on 1 January 2025 and is all about promoting diversity and equality in the workplace.
Business groups are preparing a legal fightback against South Africa’s new Employment Equity Amendment Act (EEAA), which will come into effect on 1 January 2025.
As we approach 2025, it’s crucial for employers across South Africa to start gearing up for significant changes under the Employment Equity Amendment Act 4 of 2022.
The President of the Republic of South Africa has recently proclaimed that the Employment Equity Amendment Act No.4 of 2022 (EEAA) shall come into operation on 1 January 2025.
There is mounting foreign case law providing both employers and artificial intelligence (AI) developers with food for thought as South Africa ushered in the National Artificial Intelligence Policy Framework 2024 (Policy Framework) in October 2024.
Department inspectors visiting homes in Secunda between November 4 and November 29, will be able to help with the relevant documents and forms and to offer advice how an employer can be compliant with labour legislation.
The short answer:
Yes, but there are other creditors that need to be paid off first.