Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

South Africa

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 2000)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1997)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of Solidarity Trade Union received on 30 August 2024 and 4 June 2025 alleging non-application of the terms of the settlement agreement signed with the Government following the successful conciliation processes of Article 24 of ILO Constitution. The Committee requests the Government to communicate its comments in this regard.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 2. National policy for equality of opportunity and treatment. Scope of application. The Committee observes that the Government states, in its report, that section 4(3) of the Employment Equity Act (EEA) explicitly provides that this Act is not applicable to the members of the National Defence Force, National Intelligence Agency, and South African Secret Service, or the South African National Academy of Intelligence or to the Directors and staff of COMSEC (Electronic Communications Security (Pty) Ltd). The Government, however, indicates that these categories of persons are protected against unfair discrimination on any one, or any combination, of the prohibited grounds listed under section 9 of the Constitution of the Republic of South Africa in the Bill of Rights. This equality clause protects all persons against direct or indirect unfair discrimination, irrespective of whether they work in the National Defence Force. The Committee notes the publication submitted by the Government with respect to a discrimination case in the South African National Defence Force. Nonetheless,the Committee requests the Government to indicate how workers excluded from the EEA are protected in practice against discrimination concerning all stages of the employment process, including recruitment, based on any of the grounds enumerated in Article 1(1)(a) of the Convention and the additional grounds set forth in the Constitution.

Employment equity plans. The Committee notes that although the Employment Equity (EE) Amendment Act No. 4 of 2022 was assented to in April 2023, it only came into force on 1 January 2025. The Government must still finalize processes for setting sector-specific targets and aligning workplace equity plans accordingly. The United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern that the EEA now applies only to employers with more than 50 employees, excluding smaller employers from key obligations such as affirmative action and equity plans. The CERD also highlighted ongoing workplace racial discrimination and high unemployment among black South Africans – especially youth – and the vulnerability of black and migrant workers in the informal economy (CERD/C/ZAF/CO/9-11, 27 December 2023, para. 20). The Committee therefore asks the Government to: (i) provide examples of non-compliance with employment equity obligations and related consequences; and (ii) explain how it monitors compliance with Chapter III of the EEA for employers with fewer than 50 employees.

Equality of opportunity and treatment irrespective of race or colour. The Committee notes that the 23rd Commission for Employment Equity (CEE) Annual Report shows South Africa’s labour market remains racially and gender-segregated, with slow progress in achieving equitable representation. Black employees are still concentrated in lower-level positions, while White employees dominate decision-making roles, and persons with disabilities remain under-represented. The CERD also expressed concern about the lack of data on the impact of affirmative measures, including for indigenous peoples. The Committee therefore requests the Government to continue reporting on affirmative action measures and their effectiveness, and to provide statistics on the participation of Black people, women, persons with disabilities, and indigenous peoples in vocational training and employment across both public and private sectors.

Indigenous peoples. The Committee notes that the Government does not collect separate statistics on indigenous groups such as the Khoi and San, as they were historically classified under the broader “Black” category during apartheid. However, these groups can address unfair discrimination through the Constitution, the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) and the EEA. The CERD expressed concern over the absence of detailed data on indigenous peoples, their lack of recognition as a distinct group for data purposes, and insufficient information on efforts to combat their discrimination and marginalization (CERD/C/ZAF/CO/9-11, 27 December 2023, paras 4 and 30). The Committee therefore asks the Government to: (i) outline specific measures promoting equality of opportunity and treatment for indigenous peoples in employment; and (ii) report any employment discrimination cases involving them, including sanctions and remedies applied.

HIV status. With regard to the Committee’s previous comment on the measures taken in order to prevent and address discrimination in employment and occupation and to support employers in addressing challenges in the workplaces regarding HIV/AIDS, Tuberculosis (TB) and Sexually Transmitted Infections (STIs), the Government specifies that the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court continue to address discrimination cases based on HIV status, with nine such cases recently referred. The Government highlights that the South African National AIDS Council (SANAC) developed the 2023–28 National Strategic Plan (NSP) for HIV, TB, and STIs, approved in March 2023, following consultations and monitoring of prior targets. However, the Committee observes that the Government has not provided details on specific workplace measures to combat HIV-related discrimination. The Committee therefore requests information on concrete actions taken under the NSP or other initiatives to prevent discrimination based on actual or perceived HIV status in employment, and on the impact of these measures in practice.

Persons with disabilities. The Committee notes that under section 15(2)(c) of the EEA, employers must provide reasonable accommodation for persons with disabilities and include such measures in their Employment Equity Plans. Despite this, 10.6 per cent of employers reported that they face barriers to accommodation, yet persons with disabilities make up just 1 per cent of the workforce, showing limited progress in affirmative action. The Government reports that the CEE continuously advocates and encourages employers to adopt and implement the existing policy tools, such as its Technical Assistance Guidelines on the employment of Persons with Disabilities, which include reasonable accommodation, education and prevention programmes, and by developing a Code of Good Practice. The Committee welcomes the ongoing efforts by the CEE to promote existing guidelines and case law examples. The Committee requests the Government to continue reporting on affirmative action measures for persons with disabilities and their practical impact, and statistics on the participation of such persons in vocational training and recruitment in both public and private sectors.

Equality between men and women. The Committee notes that the Women Empowerment and Gender Equality Bill has not progressed in Parliament. While vocational training and skills development for women are covered under the National Skills Development Plan (NSDP) 2030 and the Commission for Gender Equality (CGE) has conducted Transformation Hearings, women still face barriers to senior and top management positions. The 23rd CEE Annual Report shows some improvement at lower and middle levels but limited gains at higher levels. The Committee requests the Government to provide updates on the Bill, measures taken to reduce gender occupational segregation, outcomes of these measures, and women’s participation initiatives under the National Skills Development Plan (2030) and CGE programmes.

Horizontal and vertical occupational segregation. The Committee notes the statistical data provided by the Government pursuant to the 23rd CEE Annual Report, which outlines that women account for 26.5 per cent at the top management level, 37.2 per cent at the senior management level, 48.2 per cent at the professionally qualified level, 49.4 per cent at the skilled technical level, 44.8 per cent at the semi-skilled level and 43.5 per cent at the unskilled level, taking into account that the Economically Active Population (EAP) statistic for women is 45.5 per cent. While noting this information, the Committee, however, observes that the Government does not list the concrete measures taken to address horizontal and vertical occupational gender segregation in employment and occupation. The Committee requests the Government: (i) to provide detailed information on the specific measures taken or envisaged, such as policy and practice adaptations, to combat occupational segregation between men and women and the results obtained; and (ii) to continue providing updated statistics on the distribution of women and men in the public and private sectors, and on the gender pay gap in the different occupational positions.

Article 3. Access to vocational training. The Committee notes the Government’s references to the 23rd CEE Annual Report and the National Skills Fund Annual Report on the National Skills Development Plan (2030) but observes that it has not fully responded to earlier requests. The Committee thus reiterates its request for information on: (i) the impact of measures under the Plan on labour market inclusion for Black people, women, persons with disabilities, and young people; and (ii) specific actions taken by employers to provide skills training to workers.

Article 5. Affirmative action. The Government reports that the CCMA mediated a dispute with the trade union Solidarity, which claimed that race-based policies and legislation went beyond permissible affirmative action under the Convention and unfairly favoured certain racial groups. The Committee notes Solidarity’s concerns that the terms of the settlement agreement with the Government have not been fully applied, and requests the Government to communicate its comment in this regard.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. Gender pay gap. The Government reports that the National Minimum Wage Commission (NMWC) is responsible for analysing employer-submitted income data to address gender pay gaps, but poor-quality data has hindered analysis despite revisions to the data collection form. Therefore, the Commission has not been able to analyse the data submitted by employers and is pursuing various strategies to overcome this challenge, including refining the data collection instrument. The Committee observes that the 23rd CEE Annual Report gives an account of the Stakeholder Engagement on Equal Pay / Remuneration for Work of Equal Value hosted on 23 November 2022 by the CEE and the CCMA, which identified measures to address the challenges on equal pay. The report also discloses information regarding cases referred to the CCMA alleging unfair discrimination due to pay differentials. The Committee requests: (i) information on progress in refining the data collection process; (ii) sex-disaggregated remuneration statistics in public and private sectors and analysis of income differentials; and (iii) information on concrete measures taken to reduce the gender pay gap.

Scope of comparison. The Government explains that, under the EEA and related regulations, equal pay for work of equal value can only be assessed between employees of the same employer, and that there are currently no plans in the National Economic Development and Labour Council (NEDLAC) Social Partner negotiations or in Parliament to extend these provisions beyond the enterprise level. The Committee requests information on: (i) efforts to raise awareness about the scope of equal pay provisions among workers, employers, and authorities; and (ii) any cases handled by the CCMA, Labour Court, or other authorities where comparisons between employees of different employers were considered.

Article 2(2)(b). Minimum wages. The Committee notes the information provided by the Government that, in South Africa, there is one national minimum wage that applies to all economic sectors for both men and women (e.g. domestic or agricultural workers), but certain sectors or types of workers have specific rates. The rates are not gender-biased unless the rates in those particular sectors are more favourable than the national minimum wage. Nonetheless, the Committee observes that the minimum hourly wage for public workers in South Africa, which took effect on 1 March 2025, is lower than the national minimum hourly wage that applies to most other workers. The Committee takes note of this information and requests the Government to indicate the impact of the national minimum wage rate on the gender wage gap and to provide statistical data in this regard.

Article 2(2)(c). Collective agreements. The Government notes that while collective agreements do not specifically address equal pay for work of equal value, all employers must comply with existing laws, including the EE Amendment Act No. 4 of 2022, regulations, Code of Good Practice, and national minimum wage. The Committee emphasizes the role of social partners in promoting gender pay equality and requests information on actions taken with employers’ and workers’ organizations to implement equal remuneration, and the outcomes of these initiatives. The Committee asks the Government to provide information on any actions undertaken to promote the implementation of the principle of equal remuneration for men and women for work of equal value, with the cooperation of the employers’ and workers’ organizations.

Conventions Nos 100 and 111 – Application in practice

Awareness-raising. Convention No. 111. The Committee notes that the Government, through the Department of Employment and Labour, CEE and CCMA, conducts national awareness and capacity-building activities on the EEA, its regulations, and Codes of Good Practice, including workshops and roadshows for workers, employers, trade unions, and other stakeholders. Regarding sexual harassment, the Government runs campaigns to educate stakeholders on the Harassment Code, used by the CCMA and Labour Court, with 143 harassment cases referred to the CCMA in 2023–24. The Committee asks the Government to report on awareness-raising and training initiatives for workers, employers, enforcement officials, and other relevant authorities to prevent and address discrimination in employment and occupation on all the Convention’s prohibited grounds, and to communicate data on complaints, penalties, and compensation awarded.

Enforcement. Convention No. 100. The Committee notes that under the EEA, employees can raise grievances on equal pay disputes at the workplace, and unresolved cases may be referred to the CCMA or Labour Court. The Government reports challenges in employees accessing evidence, selecting the correct discrimination grounds, and identifying comparators in equal pay cases. To address this, the CCMA and Department of Employment and Labour conduct training and education initiatives for trade unions and employees. The Committee requests detailed information on these initiatives and their implementation.

Convention No. 111. The Government states that, before the 2013 amendments, section 10 of the EEA on dispute resolution only empowered the CCMA to conciliate on unfair discrimination cases. Despite this provision ensuring a free service, specifically accessible to vulnerable groups, including women and people from rural areas, these groups avoided taking the cases further to the Labour Court because they found the process to be inaccessible and unaffordable. The Government specifies that section 10 of the EEA was therefore amended in 2013 to address this concern by empowering the CCMA to not only conciliate the unfair discrimination cases, but also to arbitrate and issue awards for all cases of vulnerable groups earning below the Earnings Threshold as determined by the Minister of Employment and Labour as per section 6(3) of the Basic Conditions for Employment Act (BCEA). The Government further states that since the 2013 amendments to the EEA, the CCMA has been empowered to conciliate and arbitrate on all sexual harassment cases of all employees irrespective of their positions, earnings and status in the labour market, therefore providing equal access to social justice for women, who are among the most vulnerable groups. The Government has submitted a list of unfair discrimination case referrals to the CCMA covering the 2023–24 period, including racial harassment and equal pay cases. The Committee asks the Government to continue to provide information on the number of cases of discrimination in employment and occupation dealt with by the competent authorities, while specifying the grounds of discrimination alleged, the sanctions imposed, and the remedies granted.