The Minister of Employment and Labour, Ms. Nomakhosazana Meth, welcomes the judgement handed down on 28 August 2025, by the High Court of South Africa, Gauteng Division, Pretoria, in the matter of NEASA & Sakeliga NPC against Minister of Employment and Labour & Others (Case No. 107022/2025).
The application had two parts. In part A of the application, the Applicants approached the court for an order, on an urgent basis pending the relief sought in Part B, interdicting and/or suspending the operation and implementation of the sectoral numerical targets published by the Minister in Government Notice No. 6124 in Government Gazette No.52514 on 15 April 2025 (“the Sectoral targets”); and the Regulations 9(1), 9(2), 9(5)(b), and 9(7) to 9(14) of the General Administrative Regulations published in Government Notice No. 6125 in Government Gazette No. 52515 on 15 April 2025 (“the Administrative Regulations”).
In Part B of the application, they sought an order – declaring sections 15A, 20(2A), 42(1)(aA), 53(6)(a) and 53(6)(b) of the Employment Equity Act, 55 of 1998 as amended (“the Employment Equity Act”) unconstitutional and invalid; declaring the sectoral targets unlawful, and reviewing and setting them aside; and Declaring Regulations 9(1), 9(2), 9(5)(b), and 9(7) to 9(14) of the Administrative Regulations unlawful, and reviewing and setting them aside.
The High Court judgement focused on Part A of the NEASA and Sakeliga NPC Application, which the Court dismissed.
The Court dismissed Part A of the urgent application brought by the National Employers’ Association of South Africa (NEASA) and Sakeliga NPC, which sought to interdict and suspend the implementation of the sectoral numerical targets and specific provisions of the General Administrative Regulations published by the Minister on 15 April 2025.
This ruling confirms the legality and procedural integrity of the Employment Equity (EE) Regulations, which are designed to promote equitable representation across all sectors of the economy. The judgement is a significant affirmation of the Department’s commitment to fostering inclusive and fair labour practices in South Africa.
In his ruling, Judge Graham Moshoana disagreed with the applicants that the alleged mayhem will be caused by the setting of numerical goals as opposed to the setting of numerical targets stating that; “numerical goals are set by the designated employers and not the Minister. The Minister has already done so and no untold mayhem is alleged to have taken place.”
The applicants have indicated their intention to proceed with Part B of their application, which challenges the constitutionality of certain provisions of the Employment Equity Act and seeks to have the sectoral targets and regulations declared unlawful. However, the ruling provides a strong legal foundation for the continued implementation of these transformative measures.
The Court also dismissed an application by the Solidarity trade union to be admitted as amicus curiae (friend of the court), following opposition from the respondents.
Minister of Employment and Labour, Hon. Nomakhosazana Meth, welcomed the judgement, stating, “This ruling is a victory for equity, justice, and the rule of law. It affirms that the Department has acted within its legal mandate to advance transformation in the workplace. We urge all employers to comply with the Employment Equity Regulations and to prepare for the submission of their 2025 EE reports. The time for meaningful change is now.”
Employers are reminded that the reporting period for the 2025 EE submissions opens on 1 September 2025 and closes on 15 January 2026. Compliance with the published regulations is not only a legal obligation but a moral imperative in building a more inclusive economy.
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