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.
Lefika told stakeholders during an EE workshop that failure to comply with the relevant provisions of the EE Act would be sufficient grounds for rejection of any offer or cancellation of the agreement.
He was speaking during a presentation on key provisions of the EE Act and EE Amendments of 2022 at Protea Hotel in Klerksdorp today.
The Department published two sets of Employment Equity (EE) Regulations on 15 April 2025 — General Administrative Regulations, and Regulations on Sector Numerical EE Targets — following the commencement of the Employment Equity Amendment Act, No. 4 of 2022, on 1 January 2025.
Lefika said in terms of the amendments to EE legislation, the Minister of Employment and Labour is empowered to issue an EE Certificate of Compliance on condition that the employer has complied with a number of requirements. He said some of these conditions include that:
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The employer has complied with a numerical target set in terms of section 15A that applies to that employer.
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In respect of any target with which the employer has not complied, the employer has raised a reasonable ground to justify its failure to comply, as contemplated by section 42(4).
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The employer has submitted a report in terms of section 21.
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There has been no finding by the CCMA or a court within the previous 12 months that the employer breached the prohibition on unfair discrimination in Chapter 2.
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The CCMA has not issued an award against the employer in the previous 12 months for failing to pay the minimum wage in terms of the National Minimum Wage Act, 2018.
The workshop is part of a national roadshow held under the theme: “Bridging the equity gap through diversity & inclusion”.
The Department is conducting the EE workshops in partnership with the Commission for Employment Equity (CEE) and the Commission for Conciliation, Mediation and Arbitration (CCMA). The national workshops are part of advocacy to engage with various stakeholders in the labour market on the implementation of the new legislation and its regulations.
Since 20 May, the Department, CEE, and CCMA have held workshops in the Eastern Cape, KwaZulu-Natal, and Gauteng. This week, the workshops will be held in Mpumalanga and North West Province. A total of 18 workshops are scheduled to be held nationally.
The 2025 EE workshops focus on:
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How to implement the EE amendments contained in the EE Amendment Act, 2022, and its EE regulations
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Five-year sector EE targets for 18 economic sectors
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Practical demonstration of how to utilise the EE system online facilities to capture EE reports and request an EE Certificate of Compliance
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Presentation on discrimination disputes referred to the CCMA and the various courts, in particular, harassment cases, including dispute resolution mechanisms in terms of the EEA
As of 1 September 2025, when employers submit their 2025 EE reports, they will have to do so in line with the new legislation.
Key in the implementation of the new amendments and regulations is the setting of five-year sector EE targets, the enhancement of the EE system, and how to request an EE Certificate of Compliance to be able to conduct business with the State.
The next workshops will be held this week on Thursday, 12 June 2025:
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Mpumalanga Province: Khayalami – Emalahleni, 29 Prinsberg Avenue
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North West Province: Rustenburg – King's Palace Hotel & Conference Centre, Donkerhoek Road
More information on the venues is available on the departmental website and social media platforms.
The remaining schedule of 2025 national workshops is as follows:
Free State
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Welkom (18 June 2025) – venue (TBC)
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Bloemfontein (19 June 2025) – venue (TBC)
Northern Cape
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Kimberley (18 June 2025) – venue (TBC)
Western Cape
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George (24 June 2025) – venue (TBC)
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Cape Town (25 June 2025) – venue (TBC)
Limpopo
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Thohoyandou (24 June 2025) – venue (TBC)
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Polokwane (25 June 2025) – venue (TBC)
The EE workshops are targeted at employers or heads of organisations, employees and trade unions, assigned senior EE managers, consultative EE forum members, human resource managers and practitioners, academics, civil society, and interested stakeholders.
These are held from 09:00 to 14:00 in the respective venues and members of the media are invited.
Enquiries:
Teboho Thejane
Departmental Spokesperson
Cell: 082 697 0694
E-mail: teboho.thejane@labour.gov.za
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