Draft Code of Good Practice on Employment Equity Plan Preparation Issued for Comment

Posted 24 July 2026 Written by Acts Online
Category Labour

Brought to you by SA Legal Academy: The Department of Employment & Labour has gazetted a draft Code of Good Practice on the Preparation of Employment Equity Plans under the Employment Equity Act, No. 55 of 1998, inviting public comment by 22 September 2026.

In terms of the Employment Equity Act, No. 55 of 1998, designated employers are statutorily required to prepare, implement, and monitor progress towards achieving affirmative action targets set out in an employment equity plan. The proposed code provides operational guidelines unpacking each phase of the plan preparation process, which must be executed in consultation with employee and trade union representatives.

The draft code of good practice addresses key procedural elements for designated employers, including:

  • Consultation obligations with employee representatives and trade unions;
  • Conducting workplace analyses to identify employment barriers affecting designated groups;
  • Formulating employment equity plans, including numerical goals and affirmative action measures; and
  • Establishing monitoring, evaluation, and reporting frameworks to assess plan implementation.

Once finalized, the code will apply to all designated employers and serve as a standard against which compliance with the Employment Equity Act, No. 55 of 1998 is assessed.

What this means for you, your business, or your clients

  • For yourself: Labour and HR practitioners should familiarize themselves with the draft code’s phased methodology to effectively guide workplace equity consultations.
  • For your business: Designated employers must review their current equity plan preparation processes and submit written representations on the draft code before 22 September 2026.
  • For your clients: Advise designated employer clients on the proposed operational standards for barrier analysis, target-setting, and employee consultation to prepare for future compliance alignment.

Originally published at https://legalacademy.co.za/news/read/employment-equity-input-sought-on-plan-preparation-good-practice-code

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