Public Holidays Act 36 of 1994
REPUBLIEK VAN SUID-AFRIKA
STAATSKOERANT
GOVERNMENT GAZETTE
OF THE REPUBLIC OF SOUTH AFRICA
As 'n Nuusblad by die Poskantoor Geregistreer Registered at the Post Office as a Newspaper
VoL. 354 KAAPSTAD, 7 DESEMBER 1994
CAPE TOWN;7 DECEMBER-1994 No. 16136
KANTOOR VAN DIE PRESIDENT OFFICE OFTIIE PRESIDENT
No. 2088. 7 Desember 1994 No. 2088. 7 December 1994
Hierby word bekend gemaak dat die President sy goed- keuring geheg het aan die onderstaaride Wet, wat hierby ter algemene inligting gepubliseer word:
No. 36 van 1994: Wet op Openbare Vakansiedae, 1994.
It is hereby notified that the President has assented to the following Act, which is hereby published for general informa- tion:
No. 36 of 1994: Public Holidays Act, 1994.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other
language is printed on uneven numbered pages.
GOVERNMENT GAZETIE, 7 DECEMBER 1994 No. 16136 3
PUBLIC HOLIDAYS Acr,1994 Act No. 36, 1994
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.)
B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Definitions
1. (1) In this Act, unless the context otherwise indicates- 5 "public holidays" means the days mentioned in Schedule 1; and
"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.·
Days to be observed as public holidays
10 2. (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 agreemeiJ.t or agreed to
15 between an employer and employee. ·
Non-business days for bills of exchange and promissory notes
3. 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.
Amendment and repeal of laws
20 4. (1) The laws referred to in column 2 of Schedule 2 are hereby amended or repealed to the extent as indicated in column 3 of that Schedule.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.
25 Employee entitled to paid public holidays
5. (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
30 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
GOVERNMENT GAZETTE; 7 DECEMBER 1994 No. 16136 S
PUBLIC HOLIDAYS ACf,1994 Act No. 3~, _1994
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, 5 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. , 1,
Short title and commencement
6. This Act shall be called the Public Holidays Act, 1994, and shall come into 10 operation on 1 January 1995.
GOVERNMENT GAZETTE, 7 DECEMBER 1994
PUBLIC HOLIDAYS ACT, 1994
Calendar of public: holidays New Year's Day · Human Rights Da) Good Friday Family Day Freedom Day Worker.;' Day Youth Day National Women's Day Heritage Day Day of Reconciliation Christmas Day Day of Goodwill
SCHEDULE 1
(SECTION 2)
1 January 21 March Friday before Easter Sunday Monday after Easter Sunday 27 April 1 May 16 June 9 August 24 September 16 December . 25 December 26 December
No. 16136 7
Act No. 36, 1994 .
GOVERNMENT GAZETIE, 7 DECEMBER 1994
PUBLIC HOLIDAYS Acr, 1994
Number and year or Short title law
SCHEDULE 2
(SECllON 4(1))
No. 16136 9
Act No. 36, 1994
Extent of amendment or repeal
Act No. 5 of 1952 Public Holidays Act, 1952, of the Repeal of the whole. former Republic of South Africa
Act No. 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 No. 68 of 1961 Public Holidays Amendment Act, Repeal of the whole. 1961, of the former Republic of South Africa
Act No. 39 of 1973 Public Holidays Amendment Act, Repeal of the whole. 1973, of the former Republic of South Africa
Act No. 72 of 1980 Public Holidays Amendment Act, Repeal of the whole. 1980, of the former Republic of South Africa
Act No. 3 of 1983 Basic Conditions of Employment Amend section 1 by the substitution for Act, 1983, of the former Republic the definition of "public holiday" the of South Africa follo~ng definition:
" 'public holiday'-
[( a) when it Is used in relation to an employee who Is employed In or in connection with a shop or an office, or in so far as a provision in which it Is used Is applied with respect to any such employee, means a day which Is a public holiday in terms or section 1 or declared as such under section 2 or the Public Holidays Act, 1952 (Act No. S of 1952);
(b) when It Is used in relation to an employee who Is not so employed, or in so far as a provision In which it is used Is applied with respect to an employee wbo Is not so employed, means New Year's Day, Good Fri· day, Ascension Day, Workers' Day, Republic Day, Day of the Vow or Christmas Day;]
means a public holiday as defined in the Public Holidays Act, 1994;".
Act No. 29 of 1976 Public Holidays Act, 1976, of the Repeal of the whole. former Republic of Transkei
Act No. 3 of 1978 Public Holidays Act, 1978, of the Repeal of the whole. former Republic of Bophutha- tswana
Act No. 28 of 1979 Public Holidays Amendment Act, Repeal of the whole. 1979, of the former Republic of Bophuthatswana
Act No. 5 of 1980 Public Holidays Act, 1980, of the Repeal of the whole. Republic of Venda
Act No. 4 of 1982 Public Holidays Amendment Act, Repeal of the whole. 1982, of the former Republic of Venda
Act No. 3 of 1981 Public Holidays Act, 1981, 'of the Repeal of the whole. former Republic of Ciskei