At a glance

• A recent Department of Employment and Labour (Department) inspection programme has revealed that in the 2025–2026 financial year, approximately 91% of inspected higher education institutions were found to be non-compliant with the Employment Equity Act 55 of 1998.
• The findings present a call to action for the higher education sector. With the amended EEA of 2022 operational and five-year sectoral numerical targets in force, the Department has made clear that the period of grace is coming to an end.
• The Department further signalled that future inspection energies would also focus on accommodation provided to students in relation to compliance with occupational health and safety legislation, broadening the scope of regulatory exposure.

Universities and public education institutions are designated employers, either by virtue of being organs of state, or because they employ 50 or more employees, and are accordingly subject to the full suite of obligations applicable to designated employers under the amended EEA. These obligations include the submission of annual employment equity (EE) reports on the prescribed EEA2 and EEA4 forms; the conducting of a workforce analysis under section 19; the development and implementation of EE plans under section 20, with annual goals taking into consideration the five-year sectoral numerical targets, the use of both national and provincial economically active population (EAP) benchmarks as required by section 42; compliance...

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