by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney

On 9 September 2022, the Chairperson of the National Minimum Wage Commission (Commission) published, by way of the Government Gazette (GG), an invitation for written representations. This invitation is in response to a possible adjustment to the current national minimum wage (NMW), as per the National Minimum Wage Act 9 of 2018 (Act).

Reviewing the national minimum wage

Section 6(1) of the Act provides that the Commission must review the NMW annually and make recommendations to the Minister of Employment and Labour (Minister) on any adjustment of the national minimum wage, which minimum wage must commence on a date fixed by the President by proclamation in the GG.

In compliance with section 6(2) of then Act, the Commission will publish its annual report and recommendations contemplating the possible adjustment to the NMW.

The Chairperson of the Commission has invited all interested parties to submit written representations concerning adjustments to the NMW. All written representations must be sent to the Commission by 1 October 2022.  The representations will be considered before the Commission publishes the annual report and recommendations on the annual review of the NMW later in the year.

Following a mandatory annual review process, the Minister of Employment and Labour announced increases to the national minimum wage for 2022.

How to send comments to the Commission

All written representations should be sent to the directorate: Employment Standards, Department of Employment and Labour, Private Bag X117, Pretoria, 001 or be sent by way of email to nmwreview@labour.gov.za.

Further opportunity to comment

Please note that after the publication of the annual report, a further opportunity will be given to interested parties to submit written representations regarding recommendations included in the report. These written representations will be forwarded to the Minister together with the Commission’s report.