The National Minimum Wage Act (Act 9 of 2018) establishes a national minimum wage for all workers in South Africa.
Key provisions of the National Minimum Wage Act:
- National minimum wage rate (adjusted annually)
- Applicable to all workers except specific categories
- Farm, domestic, and EPWP worker rates
- Prohibition on reducing wages to offset minimum wage
- Deductions restrictions
- Enforcement by Department of Employment and Labour
- Penalties for non-compliance
- Annual review by the National Minimum Wage Commission
The National Water Act (Act 36 of 1998) governs water resource management, water use licensing, and pollution prevention.
The National Water Act regulates water resources.
Key provisions:
- National water resource strategy
- Water use licensing and authorisation
- Schedule 1 water uses (limited without licence)
- General authorisations and individual licences
- Water pollution prevention and control
- Catchment management agencies
- Water user associations
- Reserve: Basic human needs and ecological reserve
- Remediation of water damage
- Offences and penalties
The Occupational Health and Safety Act (Act 85 of 1993) provides for the health and safety of employees at work.
OHSA governs workplace health and safety in South Africa.
Key provisions:
- General duties of employers to ensure a safe working environment
- Duties of employees to cooperate with safety measures
- Health and safety representatives and committees
- Incident reporting and investigations
- Prohibition of certain hazardous work
- Safety equipment and training requirements
- Inspections by Department of Employment and Labour
- Offences and penalties for non-compliance
- Regulations covering specific industries (construction, mining, etc.)
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The Protection from Harassment Act (Act 17 of 2011) provides remedies for victims of harassment, including protection orders.
This Act provides civil remedies for harassment.
Key provisions:
- Harassment defined as unwanted conduct causing harm or substantial distress
- Includes verbal, electronic, and physical harassment
- Stalking and following behaviour
- Protection orders: Interim and final
- Application process at Magistrate's Court
- Obligations on the respondent
- Electronic communications harassment (including social media)
- Offence of contravening a protection order
- No legal representation required for applicant
- Emergency protection orders available
The Skills Development Act (Act 97 of 1998) establishes a framework for skills development in the workplace through learnerships and SETAs.
The SDA creates a framework for workplace skills development.
Key provisions:
- Establishment of Sector Education and Training Authorities (SETAs)
- Learnership programs combining theory and practical work
- Skills development levies (1% of payroll)
- Skills development plans and annual training reports
- National Skills Authority oversight
- Skills development facilitators
- Recognition of prior learning
- Apprenticeships and artisan development
- Funding through the National Skills Fund