The introduction of new employment equity (EE) regulations has ushered in a new era of transformation and accountability for South African businesses.
The regulations officially kicked in from 15 April 2025, with EE plans required to cover the period from 1 September 2025 to 31 August 2030, these changes aim to promote greater workplace inclusion and diversity. But they also come with some serious compliance requirements for employers.
Fortunately, there is hope – and help – for businesses struggling to align with the new regulations, says Nicol Myburgh, Head: HR Services at CRS Technologies. “While the new requirements may seem overwhelming at first, companies don’t have to face them alone. With the right guidance, it’s possible to implement strategies that not only meet legal requirements but also support broader transformation goals.”
Nicol Myburgh
What’s changing
The updated regulations are part of the Employment Equity Amendment Act (EEA) 4 of 2022. As Myburgh explains, they introduce sector-specific targets aimed at improving representation of black people, women and people with disabilities across 18 key industries, with a strong focus on increasing diversity in top, senior and middle management, as well as skilled technical roles.
“If your business employs 50 or more people, you’re classified as a designated employer, which means you’ll need to align your EE plan with these new targets and submit updated annual reports using standardised forms.
“Falling short of these requirements could lead to serious consequences, including fines of up to R1.5 million or 2% of your annual turnover. And for those doing business with government, a valid EE certificate of compliance will be non-negotiable. Without one, you’ll be excluded from state contracts.”
What if you can’t meet the targets?
There is good news – you can still get your compliance certificate, even if you don’t meet the targets.
According to Myburgh, the Act makes provision for companies to apply for a compliance certificate if they have valid reasons for not meeting the targets. These include:
• Limited recruitment or promotion opportunities,
• A lack of qualified candidates from designated groups,
• Economic constraints,
• Business mergers or takeovers,
• Existing court orders affecting workforce structure.
But while the law allows for these exceptions, proving them is complex and often highly specific to each company’s operations. This is where CRS steps in.
How CRS can help
“Claiming legitimate grounds for non-compliance is one thing. Proving it in line with the law is where things get tricky,” says Myburgh. “That’s why it’s critical to work with professionals who know the ins and outs of EE compliance.”
CRS is a trusted HR and labour legislation partner that understands the intricacies of the EE Act and its latest amendments.
“Our team can help businesses develop an EE plan that’s tailored to your sector and business size, understand and document valid justifications for non-compliance, and ensure your EE and B-BBEE strategies work together for stronger, more effective results. Most importantly, we’ll guide you through the process of securing that all-important certificate of compliance.”
No time to wait
The clock is ticking, and with the first submission deadlines less than a year away, now is the time for businesses to prepare, Myburgh urges.
“Don’t wait until you’re facing fines or disqualification from government tenders. Whether you’re unsure of where to start or simply need expert support to tick all the right boxes, partnering with CRS will ensure you navigate the new EE landscape confidently, compliantly and in a way that supports your business’s growth and integrity.”
