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
Data breaches: to notify, or not to notify, that is the question
Data breaches We have had a number of clients approach us on the issue of security compromises or "data breaches" [...]
Jacob Zuma’s medical records: off limits or fair game
Jacob Zuma's medical records Discussions around medical records have taken centre stage at former president Jacob Zuma's trial for corruption, [...]
Can crypto assets be exported?
The movement of crypto assets between digital wallets The Financial Surveillance Department of the South African Reserve Bank or "FinSurv" [...]
The COMESA Competition Commission’s increasing emphasis on competition enforcement and conduct cases
The COMESA Competition Commission 1. The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the [...]
Burger King merger approved – what role will black ownership play in future mergers?
Burger King merger 1. The Competition Commission's prohibition in June 2020 of the sale of Burger King (South Africa) (RF) [...]
Section 161 of the Companies Act and a shareholder’s claim for reflective loss
Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the [...]
