The Employment Equity Targets Still Stand

On 28 August 2025, the Gauteng High Court ruled against an urgent application brought by the National Employers’ Association of South Africa (NEASA) and Sakeliga. The two organisations had sought to block the implementation of the new sectoral numerical targets introduced under section 15A of the Employment Equity Act (EEA).

Why the Application Failed

The Court made it clear that the urgent application could not succeed for several reasons:

The decision was already made – The Minister had exercised the legal powers when the targets were gazetted in April 2025. Courts cannot use an interdict to “undo” completed action.
No suspension allowed – Judges stressed the constitutional separation of powers. Once the Minister lawfully published the targets, the Court had no authority to freeze or suspend them.
Consultation process was adequate – Stakeholder engagements began in 2019, and draft targets went out for public comment in both 2023 and 2024. The final notice in 2025 did not require another round of consultation.
Targets are evidence-based – The targets were built on Stats SA data and recommendations from the Commission for Employment Equity. Importantly, the Court pointed out that while the Minister sets broad targets, it is employers who set their own internal goals, with leeway to justify any deviations if necessary.

What Employers Need to Know

Effective from 1 September 2025: Designated employers must ensure that their employment equity plans align with the sectoral numerical targets issued earlier this year. Non-compliance may affect their ability to obtain compliance certificates in terms of section 53 of the EEA.

Flexibility remains: Employers can raise reasonable grounds for non-compliance where targets would result in unfair discrimination or are otherwise impractical.

Judicial review still pending: The Court’s ruling only applies to the urgent relief application. A full review of the Minister’s decision is yet to be heard.

Risk management: Employers should proceed on the basis that the 15 April 2025 targets are valid and binding unless and until set aside on review.

✅ Bottom line: The Court’s message is clear—employers must start implementing the new Employment Equity targets. The legal battle is far from over, but compliance cannot wait.

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