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Employment Equity Code 2026: Government invites public comment on revised draft
South Africans now have an opportunity to help shape the future of workplace transformation after the Department of Employment and Labour opened a public consultation on its revised Employment Equity Code.
The draft document, published on 24 July 2026, gives employers, workers, labour organisations and members of the public 60 days to submit written comments before the code is finalised.
The consultation forms part of government’s ongoing efforts to align workplace practices with the Employment Equity Act while giving stakeholders a chance to influence how the legislation is implemented.
What the revised code aims to achieve
The revised Draft Code of Good Practice is designed to guide designated employers on developing, implementing and monitoring employment equity plans that comply with the Employment Equity Act (Act 55 of 1998), as amended.
According to the Department of Employment and Labour, the document explains every stage of the employment equity planning process. This includes the purpose of employment equity plans, their legal foundation, how employers should prepare and implement them, methods for monitoring progress and the reporting obligations that follow.
The department says the guidance is intended to help employers apply the law consistently while ensuring employees and their representatives are actively involved throughout the process.
Who will be affected?
The code applies to designated employers, which are businesses and organisations employing 50 or more people.
These employers are required to consult representative trade unions, employees or elected employee representatives when preparing and reviewing their employment equity plans.
Government says the revised code should also be read alongside other employment equity codes, broader labour legislation, the Constitution and the Broad-Based Black Economic Empowerment Act to ensure compliance across the workplace.
Why the consultation matters
Employment equity has remained one of South Africa’s most debated labour policy issues since the end of apartheid. While supporters argue that transformation remains essential to addressing historical inequalities in the workplace, critics have raised concerns about compliance costs and the practical impact on businesses.
The public consultation gives employers, industry bodies, unions and ordinary citizens an opportunity to raise concerns, suggest improvements or support aspects of the proposed code before it becomes official guidance.
For businesses, particularly larger employers, the outcome could influence how workforce planning, recruitment, promotion and reporting are managed over the coming years.
DA signals opposition to the draft code
The Democratic Alliance has already indicated it intends to oppose the revised code during the consultation process.
DA MP Michael Bagraim argued that the proposals would require businesses to structure their employment equity plans around government-set racial and gender targets introduced under Section 15A of the amended Employment Equity Act.
According to Bagraim, designated employers would be expected to analyse workforce representation, establish measurable employment equity targets, allocate resources, monitor progress and maintain detailed compliance records over a five-year period.
He said the party believes employment decisions should prioritise skills, merit and business needs rather than government-prescribed demographic targets.
Bagraim also argued that the proposed framework could increase administrative burdens for employers at a time when South Africa needs stronger business growth and job creation.
The DA has already challenged Section 15A of the Employment Equity Amendment Act in court and says it is awaiting judgment. In the meantime, the party plans to submit formal objections to the draft code during the public participation process.
How to submit comments
The Department of Employment and Labour is encouraging all interested stakeholders to participate before the consultation period closes.
Written submissions can be emailed to:
The department says feedback received during the 60-day consultation will help inform the final version of the revised Employment Equity Code before it is implemented.
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