In the 17 years since the EEA was enacted, Section 53 of the EEA had never been promulgated. The section provided that every employer wishing to make an offer to conclude an agreement with any organ of state for the “furnishing of supplies or services to that organ of state or for the hiring or letting of anything,” must at the minimum comply with Chapter II of the EEA. For designated employers (the public sector), compliance with Chapter III is additionally required. To prove compliance, either of the following must be provided:

(i) a certificate issued by the Minister confirming compliance with relevant chapters of the EEA; or

(ii) a declaration by the employer that it complies with the relevant Chapters of this Act, which
             must be verified by the Director-General before being considered to confirm compliance.

At sectoral engagements conducted by the Commission for Employment Equity requests were made to promulgate Section 53 in the hope that it would expedite transformation, increase compliance levels and simultaneously trigger financial consequences for non-compliance with the EEA.