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 Lay of the Land
By Bulelwa Mabasa, Head of Land Reform, Restitution & Tenure and Anele Ngidi, Director The legislative landscape of the national [...]
Parental, adoption and commissioning parental leave
By Jacques van Wyk, Director; Michiel Heyns, Senior Associate and Chelsea Roux, Candidate Attorney The provisions in the Basic Conditions [...]
Dismissal due to the breakdown of the trust relationship
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney Issue Whether an act of [...]
Rising above the flames – answers to directors’ burning questions during times of financial crisis
By Eric Levenstein, Director and Nastascha Harduth, Director Often directors of companies that face financial difficulties have questions which they [...]
The long road to the protection of personal information – No April Fool’s Joke
The Protection of Personal Information Bill was first tabled 12 years ago, in 2009. It was signed into law in [...]
So whose land is it anyway?
By Bulelwa Mabasa, Director and Refilwe Moitse, Associate "We the people of South Africa, declare for all our country and [...]
