Marius Scheepers & Company Attorneys


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Public Holidays act, 36 of 1994

[ASSENTED TO 23 NOVEMBER 1994]

[DATE OF COMMENCEMENT: 1 JANUARY 1995]

(Afrikaans text signed by the President)

as amended by

Public Holidays Amendment Act 48 of 1995

ACT

To make provision for a new calendar of public holidays; to provide that the public holidays be paid holidays; and for matters incidental thereto.

1    Definitions

 

(1)       In this Act, unless the context otherwise indicates-

 

‘public holidays’ means the days mentioned in Schedule 1 and any other day declared to be a public holiday under section 2A; and

[Definition of ‘public holidays’ substituted by s. 1 of Act 48 of 1995.]

this Act’ includes the Schedules.

(2)       Any reference in any law to public holidays, shall be deemed to be a reference to the public holidays as defined in this Act.

 

2    Days to be observed as public holidays

 

(1) The days mentioned in Schedule 1 shall be public holidays, and whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday.

(2) Notwithstanding the provisions of subsection (1), any public holiday shall be exchangeable for any other day which is fixed by agreement or agreed to between an employer and employee.

 

2A       Declaration of public holidays

 

The President may by proclamation in the Gazette declare any day to be a public holiday throughout the Republic or any part thereof.

 

[S. 2A inserted by s. 2 of Act 48 of 1995.]

3    Non-business days for bills of exchange and promissory notes

 

Sunday or any public holiday shall be deemed to be a non-business day within the meaning of any law relating to bills of exchange or promissory notes.

4    Amendment and repeal of laws

 

(1) The laws referred to in column 2 of Schedule 2 are hereby amended or repealed to the extent as indicated in column 3 of that Schedule.

(2) The references to the former Republic of South Africa in Schedule 2 shall be construed as references to the territory of the Republic of South Africa as it was immediately before the commencement of the Constitution, 1993.

 

5    Employee entitled to paid public holidays

 

(1) Subject to the provisions of subsection (2), every employee shall be entitled to-

 

(a) at least the number of public holidays as provided for in this Act;

(b) payment for every public holiday, which payment shall be at least as favourable as the payment provided for by section 11 of the Basic Conditions of Employment Act, 1983 (Act 3 of 1983).

 

(2) Where an employee, in terms of any wage regulating measure referred to in section 1 (1) of the Labour Relations Act, 1956 (Act 28 of 1956), agreement or contract of employment, is entitled to more than the number of public holidays as provided for in this Act, such regulating measure, agreement or contract of employment shall, insofar as it relates to the number of public holidays, not be affected by the provisions of this Act.

(3) Notwithstanding the proviso to section 3 of the Agricultural Labour Act, 1993 (Act 147 of 1993), the amendment to the Basic Conditions of Employment Act, 1983, as contained in Schedule 2, shall apply to farming activities and employers and employees engaged therein.

 

6    Short title and commencement

 

This Act shall be called the Public Holidays Act, 1994, and shall come into operation on 1 January 1995.

Schedule 1

CALENDAR OF PUBLIC HOLIDAYS

 

(Section 2)

 

Calendar of public holidays

New Year’s Day        1 January      

Human Rights Day    21 March       

Good Friday  Friday before Easter Sunday          

Family Day     Monday after Easter Sunday          

Freedom Day            27 April          

Workers’ Day            1 May 

Youth Day       16 June         

National Women’s Day        9 August           

Heritage Day 24 September          

Day of Reconciliation           16 December     

Christmas Day          25 December           

Day of Goodwill         26 December           

 

Schedule 2

(Section 4 (1))

 

Number and year of law       Short title      Extent of amendment or repeal

Act 5 of 1952 Public Holidays Act, 1952, of the former Republic of South Africa   Repeal of the whole.

Act 27 of 1956           Mines and Works Act, 1956       Repeal of the whole, in so far as any provision thereof deals with any day other than a  Sunday.     

Act 68 of 1961           Public Holidays Amendment Act, 1961, of the former Republic of South Africa      Repeal of the whole.  

Act 39 of 1973           Public Holidays Amendment Act, 1973, of the former Republic of South Africa      Repeal of the whole.  

Act 72 of 1980           Public Holidays Amendment Act, 1980, of the former Republic of South Africa      Repeal of the whole.  

Act 3 of 1983 Basic Conditions of Employment Act, 1983, of the former Republic of South Africa      Amend section 1 by the substitution for the definition of  ‘public holiday’ the following definition: ‘public holiday’  means a public holiday as defined in the Public Holidays Act, 1994;       

Act 29 of 1976           Public Holidays Act, 1976, of the former Republic of Transkei         Repeal of the whole.

Act 3 of 1978 Public Holidays Act, 1978, of the former Republic of Bophuthatswana       Repeal of the whole.

Act 28 of 1979           Public Holidays Amendment Act, 1979, of the former Republic of Bophuthatswana            Repeal of the whole.

Act 5 of 1980 Public Holidays Act, 1980, of the Republic of Venda            Repeal of the whole.

Act 4 of 1982 Public Holidays Amendment Act, 1982, of the former Republic of Venda    Repeal of the whole.

Act 3 of 1981 Public Holidays Act, 1981, of the former Republic of Ciskei Repeal of the whole.            

 


UNDER CONSTRUCTION