Legal updates and opinions
News / News
National Minimum Wage Bill tabled in Parliament
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney
The Portfolio Committee on Labour met in January 2019 to discuss a possible amendment to the National Minimum Wage Act 9 of 2019 (the “NMW Act“) as contained in the National Minimum Wage Bill (the “Bill“). The Bill is meant to correct a cross-reference in the NMW Act and to provide for matters related therewith. The error in the NMW Act is found in section 17(4) which incorrectly makes a cross-reference to section 4(6) instead of section 4(8). Section 4(8) makes it an unfair labour practice for an employer to unilaterally change wages, hours of employment and other employment conditions. This is meant to have retrospective effect as of 1 May 2017. However, the NMW Act incorrectly makes section 4(6) retrospective therefore requiring the minimum wage to be back-dated to 1 May 2017. The purpose of the Bill is thus to ensure that section 17(4) refers to section 4(8). By correcting the cross-reference to section 4(6) it counteracts an argument that the minimum wage has retrospective effect. The time for written comments on the amendment of the Bill ended on 15 March 2019. The Bill has now been tabled in Parliament.
Latest News
The union doth protest too much: NUMSA v BMW and the limits of court intervention in disciplinary proceedings
by Bradley Workman-Davies, Director The Labour Court’s judgment in NUMSA on behalf of Members v BMW (SA) (Pty) Ltd is [...]
Evaluating the public interest effects of a merger: The Competition Appeal Court charts the course
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate When evaluating a merger, the Competition Act 89 [...]
What makes the “Best” mobile network? A South African perspective
by Ahmore Burger-Smidt, Director and Head of Regulatory Choosing the “best” mobile network depends on multiple factors. In practice, it [...]
South African Competition Commission’s Draft Guidelines on Minority Shareholder Protections: what businesses need to know
by Ahmore Burger-Smidt, Director and Head of Regulatory The Competition Commission has published Draft Guidelines on Minority Shareholder Protections for [...]
COMESA publishes important new Competition Regulations
by Paul Coetser, Director and Head of Competition and Raisah Mahomed, Associate The Common Market for Eastern and Southern Africa [...]
Supreme Court of Appeal clarifies boundaries between casino and bookmaker licences in the Gauteng province
by Wendy Rosenberg - Director, Tebogo Sibidla - Director and Nothando Madondo - Associate In recent years, the number of [...]
