Insights from the 3 May Labour Dialogue and What (SA)UEO Plans to Do Next
At a critical moment in South Africa’s employment evolution, (SA)UEO and LLLRA convened a landmark dialogue on 3 May 2025 to examine the implications of the Nedlac Labour Reform Report—a document poised to fundamentally reshape the nation’s labour structures and employer representation landscape.
Bringing together respected voices from the bench, bar, boardroom, and bargaining councils, the dialogue featured a powerhouse panel of thought leaders and practitioners (see sidebar) whose insights reflected a united concern: labour reform is already being implemented in practice, even in the absence of enabling law.
What’s in the Nedlac Labour Reform Report?
The report proposes:
- Restructuring representation at Nedlac to broaden participation—but without clear implementation frameworks
- Extending the CCMA’s scope to hear new matters outside the existing statutory mandates
- Revising bargaining council thresholds, compliance expectations, and sectoral arrangements
- Accelerating state enforcement capacity, particularly in informal sectors and vulnerable industries
These proposals may still be under discussion—but elements are already being enforced. This creates a legitimacy gap, where employers face real consequences from “reforms” not yet sanctioned by Parliament.
What the Panellists Said:
Judge Paul Kirstein cautioned that the CCMA is “acting outside its statutory framework” and potentially compromising the constitutional requirement for legal certainty. “Employers are being judged by standards that don’t yet exist in law,” he warned.
Advocate Lizane Steenkamp, also an acting judge, stressed the importance of procedural justice. “While transformation is overdue, it must be executed transparently, consultatively, and lawfully,” she said.
Ernst van Graan SC coined the term “reform by stealth”, explaining that case law is already reflecting the proposed changes despite no legislative mandate. “It creates risk for all parties when reform is driven by practice, not policy,” he said.
Andrew Levy highlighted the economic fragility of the current moment. “You cannot expect wage growth in a flat economy,” he said, noting the strain on employer-employee relations. “Employers will start shedding jobs if the policy burden becomes too unpredictable.”
Nicolaas van Wyk pointed to the overlap between ethical payroll and labour compliance, proposing joint ventures between accountants and labour practitioners. “There’s a need for interdisciplinary collaboration to help businesses remain viable,” he argued.
Dr. Karin Jesuis focused on the transformation of the labour profession itself: “We must nurture advisors who don’t just know the law—but understand the human, cultural, and business context too.”
Jason Morris called attention to South Africa’s reputational risk on the global stage. “Investors look at our processes. If reform is perceived as unfair or chaotic, confidence wanes.”
Mark Heunis— labour and land reform consultant with decades of experience—emphasised the need for sensible, experience-informed application of policy, warning against copy-paste reform: “We need solutions rooted in South African realities, not ideology.”
What (SA)UEO Will Do
As a next-generation employer organisation, (SA)UEO will act swiftly and strategically. We commit to:
- Conducting a legal review of the Nedlac Labour Reform Report
- Gathering member and practitioner insights to inform a balanced response
- Submitting a formal position paper to government, calling for lawful, inclusive reform
- Launching a Reform Readiness Toolkit for LRPs and employers
- Lobbying for greater representation of SMEs and informal employers at Nedlac and related forums
Why It Matters
The stakes are high. If reform proceeds unchecked—without public consultation, legal grounding, or practical safeguards—it may destabilise the very ecosystems it aims to strengthen.
“(SA)UEO stands for fair, transparent, and future-fit reform. Our members will not be left behind—or left out.”
— Elise Coetser, General Secretary
Voices from the Panel
Judge Paul Kirstein:
“If the CCMA is becoming a court without Parliament’s permission, we have a constitutional problem.”Advocate Lizane Steenkamp:
“Transformation cannot override procedure. Employers must be treated with fairness.”Andrew Levy:
“We’re demanding more and more from a labour market that’s already at breaking point.”Karin Jesuis:
“A legal qualification is not enough. Labour advisors must be trained for tomorrow’s world of work.”Mark Heunis:
“Policy must be tested in reality—not imagined into existence.”