The Minister of Employment and Labour has invited public comment on the Draft Regulations Concerning the Certificate of Competency, 2026 (the Draft Regulations), made in terms of section 43(1) of the Occupational Health and Safety Act 85 of 1993) (OHSA). A copy of the Draft Regulations can be accessed
here.
Comments should be submitted in writing on or before 9 July 2026 to the Director-General of the Department of Employment and Labour. We recommend that clients operating in sectors reliant on certificated engineers, including manufacturing, mining, energy and construction, carefully consider the impact of the raised entry requirements, the removal of examination exemptions and the discretionary fee structure, and engage with the comment process accordingly.
The Draft Regulations are intended to repeal and replace the current Regulations Concerning the Certificate of Competency and, if promulgated in their current form, will introduce material changes to the issuing and management of certificates of competency held in terms of OHSA. While a number of the changes are clearly intended to update the regulations to ensure consistent references to updated regulations in OHSA and applicable naming conventions of government departments and functionaries, other proposed changes will impact the processes applicable to obtaining certificates of competency and the rights, powers and obligations relating to these certificates once issued. A table summarising the nature of changes can be access
here.
Due process improvements
The Draft Regulations introduce meaningful procedural protections that are currently absent. Before suspending or cancelling a certificate, the Chief Inspector must now afford the holder a reasonable opportunity to state their case, a basic audi alteram partem protection that the current regulations do not provide. This codification of the right to be heard constitutes a meaningful procedural safeguard for certificated engineers.
Similarly, Commission members may only be discharged on reasonable grounds and after due process has been followed, replacing the current position in terms of which the Chief Inspector may discharge any member without stated grounds. These are positive changes that align the regulations with constitutional norms. The express codification of procedural fairness in the suspension and cancellation process is welcomed.
Appointment of the Commission of Examiners, functions and composition
The composition and functioning of the Commission would undergo substantial reform if the Draft Regulations are promulgated in their current proposed form. The Commission will now include at least one representative from the mining sector under the Mine Health and Safety Act, at least three electrical engineers, at least three mechanical engineers and, for the first time, at least one nominee of the Engineering Council of South Africa (ECSA). This broadens professional representation, but the removal of the two Mining representatives reduces dedicated mining-sector input. The quorum requirement is also increased from the chairperson and two members to the chairperson and four members, which strengthens decision-making integrity but may create administrative delays if the enlarged Commission proves difficult to convene.
Increase in the minimum age of candidacy and academic qualification requirements
Currently, a candidate for the qualifying examination must be at least 23 years of age. The Draft Regulations raise this threshold to at least 25 years of age. This delays entry into the certification pipeline for younger engineers and may require employers to revise their talent development timelines.
More significantly, it is proposed that candidates be required to demonstrate
both the required practical experience and an academic qualification, a change from the current position, which requires only practical experience. Employers and industry bodies should consider whether this new academic requirement is adequately defined in the draft and whether it will create undue barriers for experienced tradespeople who have followed non-academic career paths.
Additionally, the current regulations allow the Commission to grant exemptions from any qualifying examination subject. The draft proposes the removal of this exemption power entirely, meaning all candidates must write both examination subjects without exception. This may be particularly impactful for candidates with recognised prior learning or equivalent foreign qualifications and is potentially a point worth raising in public comment submissions.
Examination administration and fees
The qualifying examination will now be administered by the Department of Higher Education and Training, with venues mutually agreed upon with the Department of Employment and Labour, replacing the former role of the Department of Education and Culture. This administrative realignment appears appropriate, although employers should be alert to any transitional uncertainty.
Regarding fees, the fixed application fee of ZAR 130 (paid by way of revenue stamps) would be replaced by a fee determined by the Chief Inspector. This caters for a modernisation of the payment mechanism but introduces uncertainty regarding the quantum of fees payable, since no cap or criteria for determining the fee are set out in the draft.
