Parliament Publishes Draft NEDLAC Bill, 2025 for Public Comment

7 November 2025 — Pretoria

The Minister of Employment and Labour, Nomakhosazana Meth, has published the draft National Economic Development and Labour Council (NEDLAC) Bill, 2025, for public comment. The Bill seeks to repeal and replace the original NEDLAC Act of 1994 (Act No. 35 of 1994), modernising the framework that governs the country’s key social dialogue institution.

Public submissions must be made within 21 days of publication in the Government Gazette and can be sent to the Department of Employment and Labour, either by post to Private Bag X117, Pretoria, 0001 or via email to Kopano.Kgathlanye@labour.gov.za and Hlukani.Mabunda@labour.gov.za. Late submissions will not be considered.

Purpose of the Bill

The NEDLAC Bill, 2025, aims to:

Ensure the continued existence of the National Economic, Development and Labour Council;
Define criteria for the admission of social partners — business, labour, civil society, and the state — as parties to NEDLAC;
Set out NEDLAC’s functions, structures, and governance arrangements;
Repeal the NEDLAC Act, 1994; and
Provide for matters related to its operations and oversight.

Preamble and Objectives

The Bill acknowledges the establishment of NEDLAC under the 1994 Act and reaffirms its purpose to promote economic growth, employment, social inclusion, and equity. It ensures that NEDLAC will continue to exist as a juristic person constituted by organised business, organised labour, organised civil society, and the State.

Its objects are to:

Strive toward inclusive growth, job creation, and equity;
Facilitate consensus among social partners on socio-economic policy; and
Engage with the legislative and executive arms of state to advance these goals.

Functions of NEDLAC

Under the Bill, NEDLAC’s functions include:

Giving effect to its objectives;
Concluding agreements on socio-economic policy;
Considering and reporting on proposed labour market policies and legislation before publication or parliamentary introduction;
Issuing codes of good practice under the Labour Relations Act;
Reporting on socio-economic policies or legislation identified by its executive committee; and
Exercising oversight over the implementation of agreements, policies, and legislation considered by NEDLAC.

The Bill limits these functions to substantial policy or legislative changes, excluding technical amendments or issues dealt with by other tripartite bodies.

Reporting to Parliament and Ministers

NEDLAC may table reports on proposed socio-economic policies or legislation either directly in Parliament or with the relevant minister.
Parliamentary committees are required to consider such reports in their deliberations, and ministers must review them before finalising policies or subordinate legislation.

Membership and Admission of Parties

The Bill defines the parties to NEDLAC as the State and admitted organisations representing labour, business, and civil society:

Trade union federations must meet membership thresholds set out in the Schedule;
Business or employer organisations must meet similar thresholds;
Civil society representation will come through a federation of NGOs, appointed by the Minister in the Presidency upon recommendation from NEDLAC’s Executive Committee.

Civil society federations may also be removed by the Minister in the Presidency, based on prescribed processes and recommendations.

NEDLAC Constitution and Governance

The Bill requires NEDLAC to operate under a formal Constitution, which must regulate:

Admission, review, and removal of parties;
Appointment and removal of representatives and alternates;
Establishment and functioning of chambers and committees;
Decision-making and dispute resolution procedures; and
The process for amending the Constitution.

The Constitution may also include provisions for non-member participation in deliberations to promote inclusivity.

NEDLAC Lekgotla and Executive Committee

The NEDLAC Lekgotla will comprise representatives of organised business, labour, civil society, and the State, meeting at least once a year to review the council’s performance and engage with reports from government on major socio-economic issues.

The Executive Committee serves as the accounting authority under the Public Finance Management Act. It will include equal representation from all four constituencies and be appointed by the Minister of Employment and Labour.

Committee members must be South African citizens, free of disqualifications under the Companies Act, and without criminal, fiduciary, or insolvency issues. Vacancies will be filled through constituency recommendations and ministerial appointment.

Powers, Duties, and Regulations

The Executive Committee will be responsible for:

Implementing NEDLAC’s objectives;
Convening the Lekgotla;
Establishing committees and delegating powers;
Conducting inquiries;
Developing protocols, rules, and codes of conduct to guide NEDLAC’s work and its relations with government institutions; and
Appointing a Secretariat.

The Minister must issue regulations governing:

Admission and removal of NGO federations; and
Membership thresholds for trade unions and business organisations.

Regulations will only be finalised after public consultation.

Offences and Penalties

It is an offence to disclose confidential financial or business information obtained through NEDLAC duties, except when legally required.
Convictions carry fines up to the amount prescribed under the Labour Relations Act.

Repeal and Transitional Provisions

The Bill repeals the 1994 NEDLAC Act but maintains continuity by deeming current parties and members as retained under the new Act.
Existing members must comply with the new admission criteria within 12 months of commencement or risk losing membership.
The executive council under the 1994 Act is empowered to approve the initial NEDLAC Constitution for transition.

Commencement and Schedule

The National Economic, Development and Labour Council Act, 2024 will take effect on a date to be proclaimed by the President, with different commencement dates allowed for specific provisions.

The Schedule outlines criteria for:

Organised Labour – compliance with the Labour Relations Act, democratic structures, and certified membership above the prescribed threshold.
Organised Business – registration under the Labour Relations or Companies Acts, democratic constitution, and membership above threshold.
Organised Civil Society – registration as a nonprofit entity, democratic constitution, and representativeness of national socio-economic interests.

Source: Government Gazette No 53637, 7 November 2025 – Department of Employment and Labour