The Foundation for Rights of Expression and Equality (Free SA) has taken legal action against the Minister of Employment and Labour, Hon. Nomakhosazana Meth, demanding the immediate withdrawal of the unlawful 4.2% increase in the National Minimum Wage (NMW).
The wage hike, gazetted on 4 February 2025, was implemented without public consultation, parliamentary oversight, or the publication of the required National Minimum Wage Commission report—all of which are clear violations of the National Minimum Wage Act, 2018.
Free SA’s attorneys have issued a formal letter of demand to the Minister, see attached, warning that if the decision is not overturned, the organisation will seek relief in the High Court to have the increase declared unlawful and set aside.
Under the National Minimum Wage Act, any adjustments to the NMW must be:
- Published for public comment to allow meaningful participation from workers, businesses, and civil society.
- Tabled before Parliament within seven days of its publication.
- Based on a final report by the National Minimum Wage Commission, which must be made publicly available.
The Department of Employment and Labour ignored all these legal requirements, effectively bypassing democratic processes and imposing a wage increase that directly affects millions of South Africans without any transparency or accountability.
Beyond the legal violations, the increase has dire economic consequences. Government data shows that 280 000 jobs were lost in 2024 alone following the previous wage hike. With 5.3 million South Africans already earning below the legislated minimum wage, enforcing unaffordable wage levels does not help workers—it excludes them from the workforce altogether.
Free SA Spokesperson Reuben Coetzer condemned the Minister’s decision, stating “This wage increase is not just unlawful, it is economically reckless. By forcing through an unaffordable hike without consultation, the Minister has disregarded both the law and the realities faced by struggling businesses and workers. If this decision is not reversed, more jobs will be lost, and South Africa’s unemployment crisis will deepen. Free SA will not stand by while government acts unlawfully and makes life harder for ordinary South Africans.”
Free SA has given the Minister until 14 April 2025 to withdraw the unlawful wage increase and reinitiate a lawful process that allows for proper public participation and parliamentary oversight. If the Minister fails to comply, Free SA will proceed with legal steps to have the decision overturned in court.
South Africans deserve laws that are followed, decisions that are fair, and governance that is accountable. Free SA will continue to fight for economic freedom, transparency, and the rule of law.
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