PRESS RELEASE
24 March 2026
EMPLOYMENT EQUITY
SUPREME COURT OF APPEAL DISMISSES PETITION FOR LEAVE TO APPEAL
The Supreme Court of Appeal (SCA) has dismissed NEASA and Sakeliga’s petition for leave to appeal an earlier judgement of the High Court. The High Court dismissed an application in August 2025 to interdict the implementation of the sectoral targets and accompanying regulations, gazetted by the Minister of Employment and Labour during April 2025.
The SCA did not provide any reasons for its ruling apart from stating that there are no reasonable prospects of success on appeal or any other compelling reasons why an appeal should be heard.
| It is shocking that an action that should have been interdicted on face value, simply because the minister clearly and blatantly did not comply with a number of procedural requirements, can be found to be lawful by two separate courts. One cannot help but wonder whether the political context of these matters plays a role in judgments of these types of matters. |
The Petition for Leave to Appeal relates to part A of a two-part application, which was argued before the High Court in August 2025. Part A was, in essence, a request to interdict the implementation of the Employment Equity regulations, which place a burden on employers to reach completely unachievable race-based workplace demographics by 2030. The interdict, if granted, was to operate pending the finalisation of part B of the application.
Part B is the main application and seeks to review and set aside the decision of the minister to gazette these regulations and the sectoral targets in the first place. The legal challenge is based on a number of procedural and constitutional irregularities committed by the minister. The matter will proceed in the normal course, but is being frustrated by the department due to its failure to comply with its legal obligation to produce the record pertaining to the minister’s decision.
NEASA and Sakeliga obtained a court order on 9 March compelling the minister to deliver the record within 10 court days, failing which she may be held in contempt of court.
NEASA and Sakeliga are currently obtaining legal advice on whether to appeal to the Constitutional Court in the normal course in relation to Part A of the matter.
NEASA and Sakeliga will continue to fight this injustice until all avenues have been exhausted.
ISSUED BY
NEASA
MEDIA CONTACT
Charis Esema Onaolapo
Media Liaison (NEASA)
083 393 4435
media@neasa.co.za