Although the festive season is still some way off, the question has been raised whether the 27th of December 2022 would be regarded as a public holiday.
This year Christmas day (25th of December) falls on a Sunday and the Day of Goodwill (26th of December 2022) on a Monday.
The Public Holidays Act (PHA) provides that “whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday.” The Labour Appeal Court (LAC) interpreted this to mean that where a public holiday falls on a Sunday, the Monday should be a public holiday in addition to the Sunday.
Neither the PHA nor the LAC say anything about the further consequences of Sunday and Monday being public holidays. They certainly do not state anything about the Tuesday also having to be regarded as a public holiday.
However, in the year 2011, we had exactly the same situation. The Acting President at the time, Kgalema Motlanthe, then decided to declare the 27th of December to be a public holiday.
It remains to be seen whether the 27th of December would be declared to be a public holiday this year. If not, it will be a normal working day.
We will keep our subscribers updated.