South African Laws Repository

The BCEA establishes minimum conditions of employment for all workers in South Africa.

Key provisions:
- Maximum working hours (45 hours per week)
- Overtime pay (1.5x normal rate)
- Meal and rest breaks
- Annual leave (21 consecutive days per year)
- Sick leave (6 weeks paid over 36-month cycle)
- Family responsibility leave (3 days per year)
- Maternity leave (4 consecutive months)
- Paternity leave (10 days)
- Parental leave (10 days)
- Commission and piecework regulations
- Deductions and notice periods
- Certificate of Service requirements
- Sectoral determinations for specific industries

COIDA establishes a no-fault compensation system for workplace injuries and diseases.

Key provisions:
- Employer registration and assessment contributions
- Compensation for temporary or permanent disablement
- Medical expenses coverage
- Funeral benefits for fatal accidents
- Occupational disease claims
- Prohibition on suing employers for workplace injuries
- Reporting of accidents and diseases
- Appeals process against Compensation Commissioner decisions
- Rehabilitation and re-employment programs

The Cybercrimes Act addresses online misconduct.

Key provisions:
- Criminalisation of unlawful access to computer systems
- Malicious communications offences:
- Disclosure of intimate images without consent (revenge porn)
- Harassing electronic communications
- Defamatory statements made electronically
- Incitement to violence or damage
- Cyber fraud, forgery, and extortion
- Computer-related identity theft
- Service provider obligations
- Extradition and mutual assistance provisions
- Penalties up to 15 years imprisonment

Defamation in South Africa is governed by common law.

Key elements:
- Publication of a defamatory statement referring to the plaintiff
- Statement that injures reputation, exposes to hatred or ridicule
- Communication to at least one person besides the plaintiff

Defences:
- Truth and public interest (veritas et public interest)
- Fair comment (bona fide comment on public interest)
- Privilege (absolute or qualified)
- Consent
- Reasonable publication (substantial truth + reasonable conduct)

Remedies:
- General, special, and exemplary damages
- Apology and retraction may mitigate damages
- Interdict (injunction) to prevent publication

The EEA aims to achieve equity in the workplace.

Key provisions:
- Prohibits unfair discrimination on grounds of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, birth or HIV status
- Medical testing restrictions
- Psychometric testing requirements (validation, bias-free)
- Affirmative action measures for designated employers (50+ employees)
- Employment equity plans and annual reporting
- Designated groups: Black people, women, people with disabilities
- Compliance assessments and fines
- Employment Equity Commission oversight
- Income differentials disclosure