Author: Nicky Hardwick
As the Employment Equity submission deadline looms (31 August 2025), I have been having some thought-provoking conversations with business owners and leaders, many of whom are feeling uncertain or overwhelmed by what the new requirements mean in practice.
In my view, this is not about ticking boxes or reacting to pressure. Rather, it is about planning with intent.
Much like setting a goal to lose 50kg, you don’t start by listing all the reasons it won’t happen. You plan as though success is possible. You assume the conditions will align in your favour, and you map the steps needed to move forward.The same logic applies to Employment Equity. If we don’t plan for progress, we guarantee stagnation.
Let’s take a closer look.
Scenario planning – EE style
Under the amended Employment Equity Act, all designated employers must now align their five-year EE plans to sector-specific numerical targets. This doesn’t mean you have to make immediate changes or reshuffle your team overnight. What it does mean is that you are expected to imagine the possibility of movement, resignations, retirements, promotions, or new roles, and in that imagined future, plan to close equity gaps aligned with your sector’s targets.
You are not making a promise, you are showing foresight.
Even if you are a two-owner business with no plans to sell, your plan should reflect: “If a vacancy arises, we will seek to appoint the most under-represented group in line with sector targets and commercial viability.”
That is not over-commitment, it is intelligent, scenario-based planning.
But what if it doesn’t happen?
If transformation doesn’t materialise exactly as you planned, that is okay as long as you can show justifiable reasons. The regulations provide seven accepted grounds, including lack of suitably qualified candidates, no recruitment or promotion opportunities, and impact on business sustainability.
But here is the catch. You cannot use those justifications unless you first had a plan to begin with.
The risk of “no movement” plans
Many companies still default to EE plans that assume no staff turnover or change, especially at senior levels. The Department of Labour has been very clear: this is no longer acceptable. If your plan shows no intention to transform, no growth, no recruitment, no opportunity, it is unlikely to pass audit scrutiny.
My advice? Plan with the mindset that something might change. Create a roadmap that is fair, reasonable, and sector-aligned, but also honest about your organisational realities. This is not a compliance checkbox. It is a chance to demonstrate that your business understands the country it operates in, the communities it serves, and the future workforce it will rely on.
At HRTorQue, we work with employers to develop thoughtful, robust, and audit-ready EE plans that align strategy with transformation, not fear with avoidance.
If this resonates or raises questions, let’s talk. Click on the link below for a free 15-minute consult: