BUSINESS EDGE SEPTEMBER 2026
This newsletter highlights the latest statutory amendments and ancillary developments relevant to the SERR Synergy legal compliance products and services. It aims to keep businesses informed of key regulatory changes to ensure ongoing compliance and mitigate legal risks.
- EMPLOYMENT EQUITY
- LABOUR RELATIONS
The Minister of Employment and Labour published the Draft reviewed Code of Good Practice on the Preparation and Implementation of the Employment Equity Plan (EE Plan) in Government Gazette No. 55046 on 24 July 2026 for public comment within 60 days.
The purpose of and rationale behind the EE Plan as stipulated in the Draft Code of Good Practice, relate to a designated employer's implementation trajectory to achieve equitable representation and fair treatment of the designated groups (i.e. Black people, women and persons with disabilities) in the workplace across all occupational levels. The EE Plan addresses the barriers to fair employment policies, practices and procedures, identified in the employment equity analysis process, and provides for remedial measures to be implemented within set time frames.
The Draft Code of Good Practice, applicable to all designated employers, also states that its objectives are to provide guidelines to designated employers and their employees on good practice for the preparation, implementation and monitoring of an EE Plan as required by the Employment Equity Act, 1998 (Act No. 55 of 1998) (EEA) as amended, and its Regulations.
Interested parties may submit written comments within 60 days from the date of publication (closing 22 September 2026).
Department of Transport on Administrative Adjudication of Road Traffic Offences (Aarto)
The latest Aarto phase has commenced at municipal level and has been implemented from 1 July 2026 in terms of––
- the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) published in Government Gazette No. 54917 dated 29 June 2026, at the listed 60 metropolitan/municipal areas
- the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019) published in Government Gazette No. 54918 dated 29 June 2026, at the listed 62 metropolitan/municipal areas.
The specified sections listed in the above Government Gazettes deal with the implementation of the system, procedures for issuing infringement notices and imposing penalties, along with regulations that support the overall system.
In addition, the Administrative Adjudication of Road Traffic Offences Regulations, 2026 were published in Government Gazette No. 54922 dated 30 June 2026 and came into effect on 1 July 2026. The Aarto Regulations, 2026 set out the following:
- Adjudication procedures; the Appeals Tribunal; penalties, discount, fees and costs;
- Demerit points, disqualifications, cancellations, and rehabilitation programmes;
- Payment methods;
- Aarto forms in Schedule 1;
- Monetary value of penalty unit, penalty amount, discount, fees, disbursements and penalties in terms of sections 29(b) and 32 and 34(b) of the Act in Schedule 2; and
- Categorisation of offences, infringements and demerit points in terms of section 29 of the Act in Schedule 3.
It is important to note that the demerit points phase/system is not yet in effect; however, media reports indicate it will possibly commence at a determined date in 2027.
Trade Union Information
The Department of Employment and Labour announced the registration cancellation of the following trade union:
|
Trade Union |
Cancellation of registration date |
|
Veld and Forest Union of Workers |
13 August 2026 |
Bargaining Council Collective Agreement Information
Listed below are the Bargaining Council Collective Agreements that have been extended to non-parties:
|
Bargaining Council |
Collective Agreements |
Date on which Collective Agreements were extended to non-parties |
|
Furniture Bargaining Council |
Main Collective Amending Agreement |
30-Apr-28 |
|
Motor Ferry Industry Bargaining Council of South Africa |
Main Collective Amending Agreement |
Shall remain in force until as amended from time to time |
|
South African Road Passenger Bargaining Council |
Main Collective Agreement |
31 March 2027 or until replaced by a subsequent agreement |
The extension of the various Bargaining Council Collective Agreements to non-parties means that other employers and employees working in the same or a similar industry are also bound by the provisions of the applicable Collective Agreement until the date specified in the Government Gazette.
For ease of reference, please find below a summary with links to our recently published blogs:
- EMPLOYMENT EQUITY COMPLIANCE: WHAT DESIGNATED EMPLOYERS NEED TO KNOW (August 6, 2026)
- EMPLOYMENT EQUITY COMPLIANCE FOR NON-DESIGNATED EMPLOYERS: WHAT YOU NEED TO KNOW (September 4, 2026)