Public Holidays Act 36 of 1994

PUBLIC HOLIDAYS ACT 36 OF 1994

(4 October 1995 – to date)

[This is the current version and applies as from 4 October 1995, i.e. the date of commencement of the Public Holidays Act 48 of 1995 - to date]

• Government Notice 2088 in Government Gazette 16136, dated 7 December 1994. Commencement date: 1 January 1995.

as amended by:

• Public Holidays Amendment Act 48 of 1995 – Government Notice 1512 in Government Gazette 16716, dated 4 October 1995. Commencement date: 4 October 1995.

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:

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.

(Afrikaans text signed by the President.)

(Assented to 23 November 1994.)

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

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 section2A;

(Definition of “public holidays” substituted by section 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.

(Section 2A inserted by section 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(1)      The laws referred to in column 2 of Schedule 2 are hereby amended or repealed to the extent as indicated in column 3 of that Schedule.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 No. 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 No. 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 No. 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

(SECTION 2)

Calendar of public holidays

SCHEDULE 2

(SECTION 4(1))