Minister Nomakhosazana Meth welcomes Constitutional Court dismissal of Part A of the Application of NEASA and Sakeliga

Minister Nomakhosazana Meth welcomes Constitutional Court judgement in the case between Neasa, Sakeliga & others against the Minister regarding the Employment Equity Regulations and 5-year sector EE targets

The Minister of Employment and Labour, Ms. Nomakhosazana Meth welcomes the Constitutional Court dismissal of Part A of the Application of NEASA and Sakeliga, which sought to interdict the implementation of the EE Regulations and the 5-year sector numerical EE targets. The judgement on Case No. CCT 86/26, was handed down on 22 May 2026.

In the absence of any court interdict, the Department is therefore forging ahead with the implementation of the EE Regulations and the 5-year sector numerical EE targets.

The Employment Equity Amendment Act, No. 4 of 2022, and its accompanying two sets of Employment Equity Regulations, including the 5-year sector numerical EE targets for the 18 economic sectors, came into effect on 1 January 2025, and 15 April 2025, respectively for designated employers (i.e. those that employ 50 and more employees).

It is important to note that the numerical goals are set by the designated employers and Companies must therefore submit their annual EE reports against their own set annual EE targets in their EE Plans.

After the commencement of the EE Amendment Act, 2022 and its EE Regulations, including the 5-year sector numerical EE targets, several legal challenges were instituted against the Minister of Employment and Labour; the Director-General of the Department of Employment and Labour (DG); and the Commission for Employment Equity (CEE). These cases primarily challenged  the  constitutional  validity,  lawfulness,  consultation  process,  and  the implementation of the amended EE legislative framework and the 5-year sectoral numerical EE targets.

NEASA and Sakeliga were amongst the first to file an urgent application with the Gauteng High Court in Pretoria and this case was heard on 15 August 2025. The applicants sought an

interim relief (Part A) to interdict or suspend the implementation of the 5-year sectoral numerical EE targets published on 15 April 2025, as well as certain provisions of the EE General Administrative Regulations. In Part B, they sought substantive relief declaring section 15A of the EE Amendment Act, 2022 and related provisions unconstitutional, including the reviewing and setting aside of the 5-year sectoral numerical EE targets and EE Regulations.

On 28 August 2025, the High Court dismissed Part A of the application. The Court accepted urgency, but held that an interdict was not appropriate where the Minister had already exercised statutory powers. The High Court declined to suspend what it regarded as a lawful exercise of statutory authority, emphasising the separation of powers. The Court further held that the consultation process preceding the publication of the sectoral numerical EE targets was lawful and that employers retain flexibility to justify deviations for non-compliance in terms of section 42(4) of the Employment Equity Act, 1998 (EEA). Each party was ordered to pay its own costs. Part B, which is the constitutional validity challenge, remains pending.

The Applicants (NEASA and Sakeliga) sought leave to appeal the dismissal of Part A of their application. The matter was heard on 16 October 2025. Relying on section 17 of the Superior Courts Act, the Court found that there were no compelling reasons why another Court would reach a different conclusion. It further held that it would be premature to grant leave to appeal before Part B is finalised. Leave to appeal was accordingly refused, with no order as to the costs.

The Applicants approached the Supreme Court of Appeal on 13 November 2025. On 13 March 2026, the Supreme Court of Appeal ordered that the application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard.

After the Supreme Court of Appeal Order,  NEASA and Sakeliga approached the Constitutional Court on an urgent basis to seek leave to appeal. On the 22nd May 2026, the Constitutional Court ruled that the application must be dismissed with cost, as no case is made out for urgency and the appeal against the application for an interim interdict bears no reasonable prospects of success. In concluding, the Court expressed no opinion on Part B of the Initial Application, which is still pending in the High Court. In Part B, the applicants seek a substantive relief declaring section 15A of the EE Amendment Act, 2022 and related provisions unconstitutional, including the reviewing and setting aside of the 5-year sectoral numerical EE targets and EE Regulations. The Department is also opposing Part B.

The key objectives and implications of the EE Amendment Act, 2022 are as follows:

• To empower the Minister to regulate sector specific EE numerical targets in order to ensure the equitable representation of suitably qualified people from the designated groups, (Africans, Coloureds and Indians, women of all race groups, as well as people with disabilities irrespective of their race and gender);
• To promulgate section 53 of the EEA for the issuing of the EE Compliance Certificate as a prerequisite for access to state contracts and doing business with any organ of state and;
• To lessen the administrative requirements on small business employers who have between 1 and 49 employees, to enable them to focus on growing their business and create jobs. These employers will no longer have to comply with Chapter three of the EE Act in relation to the submission of EE reports and plans.

All the designated employers are legally obligated to fully comply with the Employment Equity amendments by aligning their annual EE targets in the EE Plans, with the 5-year sector numerical EE targets.

“We welcome the judgement handed down by the Constitutional Court. The Employment Equity amendments aim to promote and protect the right of equality and the exercise of true democracy for under-represented groups. On behalf of the Department, and the Commission for Employment Equity, we are vindicated on our position that there is nothing sinister about the Employment Equity amendments and the 5-year sector numerical EE targets,” says Minister Meth.

Media enquiries:
Ms. Thobeka Magcai, Ministry Spokesperson. 
Email: Thobeka.Magcai@Labour.gov.za 
Cell: 072 737 2205.

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