The much-anticipated regulations in terms of the Employment Equity Act, 1998 (EEA) were published in the Government Gazette today (15 April 2025).
Two sets of regulations have been published, following the amendments to the EEA that took effect from the beginning of this year.
The first contains the national economic sectors identified by the Minister of Employment and Labour and the corresponding sectoral numerical targets that have been established in respect of those sectors. Notably, these regulations have been published in final form, and no further opportunity for public comment has been provided. A copy of the regulations can be found here.
The second deals with administrative matters, including those matters previously covered in the 2014 Regulations (which have now been repealed). These matters include guidance on determining whether employees are performing work of equal value and whether the differences in their terms and conditions amounts to unfair discrimination, the duties of a designated employer (including prescribed forms for, among other things, EE plans and reports), and enforcement mechanisms. The regulations also now deal with the issuing of compliance certificates in terms of the newly-effected section 53 of the EEA. A copy of these administrative regulations can be found here.
