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
When a Withdrawal Doesn’t Really Withdraw: Provisional Liquidation is not Set Aside by Withdrawal
by Walid Brown, Director and Nombulelo Bashe, Associate Introduction We were recently reprimanded by an opponent for having the temerity [...]
AI-Hallucinated Case Law
Appellate court to trial judge: You know these cases are made up, right? by Ahmore Burger-Smidt, Director and Head of [...]
AI and the Data Privacy Elephant in the Room
“The real problem is not whether machines think, but whether men do.” – B.F. Skinner by Ahmore Burger-Smidt, Director and Head of [...]
Who let the dogs in?
Cyber epidemic, ever present in South Africa, and it would seem that the Government is realising this. by Ahmore Burger-Smidt, [...]
How Strong Merits Can Save a Late Case
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney In a recent Labour Appeal Court (“LAC“) judgement in Government Printing [...]
Does an Employer’s Right to Discipline and Dismiss its Employees Prescribe?
by Anastasia Vatalidis, Director and Anna Tchalov, Associate In Public Investment Corporation v More and others, handed down on 16 April 2025, the [...]