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
Commentary on the State Liability Amendment Bill
With reference to the recent publication of the proposed State Liability Amendment Bill [B16-2018] ("the Bill"), in my view: the [...]
The Banking Regulation Review
The Banking Regulation Review Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The [...]
The rights of illegal workers and workers engaged in illegal activities in South Africa
In light of xenophobic violence which continues to be a problem in various regions in South Africa, the case of [...]
A landmark case dealing with the revocation of tax compliance status
Reviewed by Ernest Mazansky, Head of Tax Practice A recent judgment handed down in the Pretoria High Court last month [...]
GDPR and domain names
By Janine Hollesen and Donvay Wegierski, Directors On 25 May 2018 the EU's General Data Protection Regulation (GDPR) came into [...]
MESSI is a trade mark
By Janine Hollesen and Donvay Wegierski, Directors In April, the EU court ruled that the degree of similarity between the [...]
