The Gauteng High Court in Pretoria yesterday dismissed the first of a number of applications challenging the legality of the 15 April 2025 EE Regulations, brought by NEASA and Sakeliga. This means that all designated employer are required to have a new EE Plan in place by 1 September 2025.

No obligation to submit your new EE Plan to the Department of Employment and Labour (‘DEL’)

The EE Act, as amended, and the EE Regulations contain no requirement for the EEA12 or EEA13 to be submitted to the DEL by designated employers.

Their only obligation is to submit an EEA2, containing their Workforce Profile at the end of their reporting period, and their EE Plan’s EE Goals and first year’s Targets by latest 15 January 2026.

Not started or finished your EEA 13 yet? Don’t panic.

Designated employers are only required to produce an EEA12 and EEA13 if they receive an inspection and/or are subjected to a D-G Review. Designated employers are then given a date by which to do so. This date is normally extended by the DEL at the request of a designated employer

There is no mechanism to compel submission of the required documentation by the deadline imposed by the DEL. It is extremely unlikely that a Court will make a non-compliance finding if a reasonable explanation is provided for the delay in producing the documentation or for not having an EE Plan in place by 1 September 2025.

The above is all the more so as four-and-a-half months’ notice was given in the EE Regulations, as opposed to the six months required for the commencement of the development of a new EE Plan, and the fact that most employers probably only learnt about the 1 September deadline after 15 April. Accordingly, designated employers that do not have an EE Plan in place yet still have time to start and finish their EE Plans.

Setting of EE Goals extremely challenging

The conflicting requirements of the EE Act as amended (which requires designated employers to comply with Sector Targets in setting their EE Goals), and the EE Regulations (which requires designated employers to take into account other factors clearly aimed at setting achievable EE Goals) makes a designated employer’s task of setting EE Goals very demanding, leaving them grappling with the challenge.

EES-SIYAKHA and Equity Pro provide a cost-effective solution to EE Goals setting

EES-SIYAKHA’s software application, Equity Pro, facilitates the setting of realistic and achievable EE Goals in compliance of the EE Act as amended and EE Regulations’ Sector Target requirements.

From as little as R 6 250 (excluding VAT), we can assist you to set Sector Targets-compliant, achievable EE Goals. Let us simplify your EE Goals setting and help you successfully navigate the difficulties.