Draft Employment Equity Amendment Bill 2026 published for public comment

SHE Alert 13, 28 April 2026

On 30 April 2026, Ms Nobuntu Hlazo-Webster, MP, published a notice of intention to introduce the Employment Equity Amendment Bill, 2026 in the National Assembly. The draft Bill aims to address employment practices that may undermine the constitutional principles of equality, fair labour practices and equal pay for work of equal value.

The proposed amendments are closely tied to sections 9 and 23 of the Constitution, which protect the rights to equality, non-discrimination and fair labour practices. The Employment Equity Act, 1998 was originally enacted to give effect to these protections in the workplace through the promotion of equal opportunity and fair treatment in employment.

If introduced in its current form, the draft Bill could materially affect recruitment and remuneration practices across South African businesses.

What employers should consider

The draft Bill proposes that:

  • Employers and recruiters may no longer ask job applicants about their current or previous remuneration when determining salary on appointment.

  • Employers may be required to disclose the remuneration or salary range attached to a vacancy.

  • Employees may have the right to request and share information relating to remuneration for positions they currently occupy or roles for which they have applied.

  • These proposed changes reflect a broader international shift towards pay transparency and increased scrutiny of remuneration disparities in the workplace.

Public comment period

Members of the public have been invited to submit written comments on the draft Bill within 30 days of publication in the Government Gazette, with submissions due on or before 30 May 2026.

For more information or assistance please contact Liezl Sterne.