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Employment Equity (EE) – manufacturing reality check

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South Africa’s Employment Equity Amendment Act (EEAA) came into effect on 1 September 2025. This followed the Gauteng High Court’s dismissal of an urgent application to halt its implementation. The government aims to enforce sectoral targets on race and gender representation to accelerate transformation. However, beneath the policy rhetoric lies a complex reality that many employers, particularly in manufacturing, will struggle to manage.

Landmark ruling – criminal records no longer a hiring barrier

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In a recent landmark ruling, the Labour Court's decision in the case of Connor v Lexisnexis (Pty) Ltd (P18/24) [2024] ZALCPE 11 sheds light on the evolving stance towards employing individuals with a criminal record. The court's acceptance of the employee's claim for unfair discrimination underscores a fundamental shift in perspective, advocating for fairness and inclusivity in the workplace.

New national minimum wage

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As you know, the threshold has increased by 7.6%. Upon investigation, it seems that the October Consumer Price Index (CPI) was used to increase the threshold. More significantly, the National Minimum Wage has gone up by 9.6% as well.

The preferential procurement regulations have changed

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The Minister has gazetted new Preferential Procurement Regulations. This has a fundamental impact on how the tenders your business submits will be evaluated. In 2017, the Minister of Finance issued detailed Preferential Procurement Regulations in terms of the Preferential Procurement Policy Framework Act (Number 5 of 2000).

Debates around procedural fairness in retrenchments

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The Constitutional Court delivered judgement in the case of Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others. In this matter, the constitutionality of Section 189(1) of the Labour Relations Act (LRA) was debated.

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