
R 385
Employment Equity Act, 1998 (Act No. 55 of 1998)RegulationsEmployment Equity Regulations, 2025Enforcement Mechanisms17. Withdrawal of the EE Compliance Certificate |
(1) | The following persons may issue a notice withdrawing a certificate issued in terms of section 53(2) of the Act— |
(a) | the Minister; |
(b) | a labour inspector appointed in terms of section 63 of the Basic Conditions of Employment Act; or |
(c) | an official of the Department who has been delegated or assigned this function in terms of section 56 of the Act, |
(2) | A person contemplated in sub-regulation (1) may withdraw a certificate issued in terms of section 53(2) if they are satisfied that— |
(a) | the certificate was issued as a result of any misrepresentation or the provision of any fraudulent or inaccurate information; or |
(b) | any condition necessary for issuing the certificate no longer exists. |
(3) | A certificate issued in terms of section 53(2) may not be withdrawn unless— |
(a) | the employer has been given 14 days to make representations upon being served with an EEA16C notice; and |
(b) | any representations by the employer have been considered. |
(4) | A notice of withdrawal must be issued on an EEA16D form. |