Sakeliga and Neasa sought an interdict to suspend the employment equity regulations.
Employment and Labour Minister Nomakhosazana Meth has welcomed a court ruling against two organisations that challenged the Employment Equity Amendment Act (EEAA).
Sakeliga and the National Employers’ Association of South Africa (Neasa) approached the Gauteng High Court in Pretoria last month, with an urgent application against race and gender targets set out under the EEAA.
Meth had issued employment equity regulations in April, following the Act’s enactment in January.
The regulations set specific numerical targets or quotas for hiring “designated groups” – including black people, women and people with disabilities – across 18 sectors such as agriculture, mining, transport and construction.
Employers in these sectors with 50 or more employees will be required to align their workforces with South Africa’s demographics by 2030 or face penalties.
A Department of Employment and Labour report revealed that white people hold 61.1% of top management jobs.
Interdict judgment over employment equity regulations
Sakeliga and Neasa sought an interdict to suspend the regulations in part A of their litigation, pending a broader review application (part B) in which they argue certain sections of the EEAA are unconstitutional and invalid.
The organisations also want the regulations and sectoral targets declared unlawful and set aside.
On Thursday, 28 August, Judge Graham Moshoana dismissed the urgent application, two weeks after hearing the case.
In his judgment, Moshoana highlighted that the organisations’ legal team had conceded that an interdict was not an appropriate relief since the minister had already exercised statutory powers.
“Thus, an interdict would necessarily call for the unscrambling of an egg, as it were. The proverbial horse has bolted,” he said.
ALSO READ: Five-year Employment Equity targets: What must each sector aim for?
“Clearly, the minister has exercised statutory powers, lawfully or unlawfully, in April 2025 already. To my mind, this is a typical case of the past invasion,” Moshoana continued.
The judge stressed that judicial review, not an interdict, is the proper legal route.
Therefore, the regulations remain valid until a review succeeds.
He further found that Meth did not act unlawfully when she published the regulations in the government gazette.
Consultation followed
The applicants had argued that government failed to consult adequately and that the targets discriminated against women.
But Moshoana disagreed, pointing out that consultations have taken place since 2019 and that draft targets were published in 2023 and 2024 with a 30 day period for public comment.
“Taking into account the fact that the drafts seek to source comments of interested parties, the notice of 15 April 2025 did not require to still undergo a comment process.
READ MORE: DA legal challenge to Employment Equity sparks political divide
“After 2023 and 2024, it must axiomatically follow that interested parties were allowed an opportunity to comment.
“Allow, does not mean compel or even consult per se. Allow, means permit to do something.
“As indicated earlier, an employee in the sector qualifies to be an interested party. A comment is a remark expressing an opinion or reaction.”
The court also rejected claims that the targets were “arbitrary and discriminatory of women”.
Although the interdict was dismissed, the court ordered each party to cover its own legal costs.
Minister backs employment equity regulations
Meth welcomed the outcome, describing it as confirmation of both legality and due process.
“This ruling is a victory for equity, justice and the rule of law. It affirms that the Department [of Employment and Labour], 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,” she said in a statement on Friday.
The reporting period for the 2025 EE submissions opens on 1 September and closes on 15 January 2026.
NOW READ: Labour minister pledges crackdown on labour law violations