Marius Scheepers & Company Attorneys
Public Holidays act, 36 of 1994
[ASSENTED TO 23 NOVEMBER 1994]
[DATE OF COMMENCEMENT:
(Afrikaans text signed by the President)
as amended by
Public Holidays Amendment Act 48 of 1995
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) 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(1) The laws referred to in column 2 of Schedule 2 are hereby amended or repealed to the extent as indicated in column 3 of that Schedule.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
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
CALENDAR OF PUBLIC HOLIDAYS
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
(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
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
Act 39 of 1973 Public Holidays Amendment Act,
1973, of the former
Act 72 of 1980 Public Holidays Amendment Act,
1980, of the former
Act 3 of 1983 Basic Conditions of Employment Act, 1983, of
Act 29 of 1976 Public Holidays Act, 1976, of the
Act 3 of 1978 Public Holidays Act, 1978, of the former
Act 28 of 1979 Public Holidays Amendment Act,
1979, of the former
Act 5 of 1980 Public Holidays Act, 1980, of the
Act 4 of 1982 Public Holidays Amendment Act, 1982, of the
Act 3 of 1981 Public Holidays Act, 1981, of the former