What the draft Code means for employers
South Africa’s Department of Employment and Labour has published a Draft Reviewed Code of Good Practice on the Preparation and Implementation of the Employment Equity Plan for public comment. The notice was published on 24 July 2026, with written comments due by 25 September 2026. The draft is intended to guide designated employers and employees on preparing, implementing and monitoring employment equity plans under the Employment Equity Act. (gov.za)
The Code is not yet a final law or regulation. However, it gives employers a clear indication of the processes, records and management involvement they should be ready to demonstrate.
Four areas employers should review now
1. Put consultation on a structured footing
The draft expects employment equity to be developed through consultation with representative trade unions, employees or employee representatives. Consultation should include designated and non-designated groups across occupational levels, with reasonable opportunities to review information, provide feedback and participate effectively.
It also proposes regular, structured and scheduled meetings at least quarterly, with deliberations properly recorded. Employers should therefore check whether their consultation forum has defined membership, documented rules, clear agendas and reliable minutes. If a representative refuses to participate, the circumstances should be recorded in writing. (gov.za)
2. Improve the quality of workforce and barrier analysis
An employment equity plan should be based on more than a headcount. The proposed approach requires employers to review workforce demographics, employment policies, practices, procedures and the working environment to identify barriers affecting equitable representation.
This includes recruitment, promotion, succession planning, training opportunities, performance management, remuneration, working conditions, reasonable accommodation and corporate culture. Employers should test whether their HR data can show representation by population group, gender, disability and occupational level, using current information and the required EEA templates. (gov.za)
For example, if women are under-represented in technical roles, the analysis should investigate the full pipeline: recruitment channels, job requirements, access to training, promotion criteria and retention patterns. The eventual intervention should respond to the identified barrier rather than simply state a general diversity objective.
3. Link targets to evidence, resources and accountability
The draft says employment equity plans should include annual objectives, corrective measures, numerical goals, time frames, allocated resources and communication arrangements. Objectives should be specific, measurable, achievable, relevant and time-bound.
The proposed Code also says plans should consider national and provincial economically active population data, applicable five-year sector employment equity targets, planned vacancies and natural attrition. Employers should review whether their targets are supported by a documented analysis and whether senior managers have the authority, budget and performance responsibilities needed to implement them. (gov.za)
This is where skills planning can help. Managers may need development in diversity management, coaching, mentoring and employment equity responsibilities. For individual learners, these areas can provide a practical direction for employment equity training in South Africa. For HR teams, training records should show who attended, what capability gap was addressed and how the intervention supports the plan.
Melsoft Academy is one example of a QCTO-accredited provider that learners and employers may consider when comparing relevant training options. Accreditation, however, does not automatically make a programme an employment equity intervention or guarantee B-BBEE skills development points.
4. Keep employment equity separate from B-BBEE scoring
The draft Code must be read alongside the Broad-Based Black Economic Empowerment Act, but employment equity and B-BBEE remain related yet distinct compliance areas. An employment equity plan addresses workplace barriers, equitable representation and affirmative action under the Employment Equity Act.
B-BBEE skills development, SDL recovery and the skills development element of the B-BBEE scorecard involve separate rules, evidence requirements and planning decisions. A training intervention may support more than one business objective, but employers should not assume that an EE plan, attendance register or training certificate alone proves compliance under another framework.
What to do before 25 September 2026
Employers should:
- Identify whether they are a designated employer and confirm their consultation structures.
- Audit EEA12 and EEA13 data, workforce profiles and policy reviews.
- Check that current plans contain measurable objectives, time frames and assigned responsibilities.
- Improve records of meetings, feedback, decisions, interventions and outcomes.
- Map training needs for managers, EE committee members and employees.
- Submit written comments through the channels specified by the Department of Employment and Labour before the deadline. (labour.gov.za)
For learners and employers alike, the practical lesson is simple: employment equity is becoming increasingly evidence-driven. Melsoft Academy, as a QCTO-accredited provider, can be one option to evaluate alongside other suitable training providers when building the required skills and documentation.
