On 28 August 2025, the Gauteng High Court dismissed an urgent application brought by the National Employers’ Association of South Africa (NEASA) and Sakeliga, which sought to interdict the implementation of sectoral numerical targets under the Employment Equity Amendment Act. The Court found that the targets, published on 15 April 2025, were lawfully enacted and remain valid and binding unless set aside through a judicial review process.

Key Findings of the Court

The Court held that the Minister’s statutory powers were exercised when the targets were published. An interdict cannot undo a completed act. Any potential harm would arise from how employers implement the targets, not from the act of publication itself.
The Court reinforced the constitutional principle that courts cannot suspend or override a valid statutory decision unless illegality is established. Section 172(1)(b) of the Constitution, which allows courts to suspend the operation of invalid laws, was not applicable in this case.
The Department of Employment and Labour had undertaken a multi-year consultation process beginning in 2019. The final notice issued in 2025 was not required to undergo further consultation.
The targets were informed by demographic data from Statistics South Africa and developed with the input of the Commission for Employment Equity. The Court emphasised that the Minister sets sectoral targets. Any concerns about discrimination would need to be addressed at the level of implementation by employers, not the regulations themselves.

What This Means for Employers

Designated employers must align their employment equity plans with the numerical targets published on 15 April 2025, from 1 September 2025 until 2030. These targets are legally binding and will be a key compliance indicator for purposes of securing EE compliance certificates under section 53 of the EEA. The Court’s ruling addresses only the urgent interdict application. A substantive review of the Minister’s decision may still follow, but unless and until the regulations are set aside, they remain enforceable. Employers who are unable to meet the numerical targets may raise reasonable grounds for non-compliance under section 42(4) of the EEA. These may include justifications based on business operations, regional demographics, or other factors that would render strict compliance impractical or discriminatory.

Recommended Next Steps

Employers are implored to:

Review and update employment equity plans in accordance with the published sectoral targets.
Assess whether any reasonable justifications for partial or non-compliance may apply and prepare supporting documentation accordingly.
Monitor the progress of any pending judicial review but proceed on the assumption that the targets are valid and enforceable.

We encourage employers, IR/HR professionals, and legal practitioners to engage with these developments and share their insights.