A new Private Members’ Bill could soon change how employers set salaries in South Africa. The Fair Pay Bill seeks to stop companies from asking job applicants about their current or past pay and to force greater transparency in job advertisements.

Introduced by Build One South Africa (BOSA) MP and Deputy Leader Nobuntu Hlazo-Webster, the proposed legislation aims to break cycles of historic wage inequality. The bill was gazetted on 30 April 2026 and opened for public comment.

What the Fair Pay Bill proposes

The Fair Pay Bill would amend the Employment Equity Act of 1998. It prohibits employers from inquiring about an applicant’s current or past remuneration when deciding pay offers. Employers also cannot base new salary decisions on this information, except in rare cases where the applicant voluntarily discloses it after receiving an offer.

In addition, the bill requires employers to disclose the salary or salary range for any vacancy directly in job advertisements. This applies throughout the recruitment process. The changes aim to give job seekers clearer information and reduce power imbalances during negotiations.

How the Fair Pay Bill addresses wage inequality

Relying on past salaries often traps workers in lower pay bands due to previous discrimination based on race, gender or other factors. The Fair Pay Bill promotes equal pay for work of equal value instead. It encourages objective assessment of the role rather than an individual’s salary history.

The bill also bans confidentiality clauses that prevent employees from discussing their pay with colleagues. This further boosts transparency inside workplaces. BOSA has described the measure as a targeted step to dismantle hidden inequalities in hiring and promotions.

Public comment period now open

The draft Employment Equity Amendment Bill, commonly called the Fair Pay Bill, entered a 30-day public comment period on 30 April 2026. South Africans and organisations can submit written input until approximately 30 May 2026. Submissions go through the official Fair Pay Bill website or Parliament.

After the comment period, the bill will move to the Portfolio Committee on Employment and Labour for review before a National Assembly vote. As a Section 75 bill, it does not require National Council of Provinces approval.