By Lehlohonolo Lehana.
Many South Africans can look forward to an extended Christmas long weekend as President Cyril Ramaphosa has made his decision regarding whether 27 December will be declared a public holiday.
The declaration was made in terms of Section 2(A) of the Public Holidays Act which provides that “whenever a public holiday falls on a Sunday, the following Monday shall be a public holiday”.
Christmas day, 25 December, falls on Sunday this year. Typically, when public holidays fall on a Sunday, the following Monday becomes the ‘extra’ day off. However, in this case, Monday, 26 December – Day of Goodwill – is also a public holiday.
Without the declaration, the country would have only had 11 of the 12 days off for the year.
The presidency said that Monday’s observing of Christmas Day and Day of Goodwill will overlap to uphold relevant labour law principles and practices.
The same principle applies for 1 January 2023, which falls on a Sunday. The ‘extra’ holidays are as follows:
- 25 December: Christmas Day
- 26 December: Day of Goodwill
- 27 December: Public Holiday
- 1 January: New Year’s Day
- 2 January: New Year’s Day observed
South Africans who are already on leave over the period will hardly notice the change, but the declaration holds implications for those working over the period and for employers who have to pay them.
In a statement by legal firm Cliffe Dekker Hofmeyr (CDH), the Public Holidays Act 36 of 1994 (Act) provides that “whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday.” The law states that when a public holiday falls on a Sunday, it is still regarded as a public holiday, and the Monday following the public holiday becomes an additional public holiday.