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Three ways to make your voices heard in the Fair Pay Bill - a step towards wage equality

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Robin-Lee Francke|Published

The Fair Pay Bill is a proposed South African private member's bill from Build One South Africa (BOSA) aiming to eliminate wage inequality by banning the use of salary history in hiring

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Members of the public are encouraged to participate in the discussion surrounding the Fair Pay Bill, which has been officially gazetted for public comment

The announcement was made by Build One South Africa (BOSA), in partnership with the PayMeFairly organisation. 

The Fair Pay Bill is a proposed South African private member's bill from Build One South Africa (BOSA) aiming to eliminate wage inequality by banning the use of salary history in hiring. It mandates salary transparency in job ads, prohibits asking for past payslips, and allows employees to discuss pay openly.

BOSA Deputy Leader, MP Nobuntu Hlazo-Webster, said this was the culmination of over a year of legal work, public consultation and advocacy by BOSA and stakeholders. 

“We believe this is a bold and necessary step toward building a fairer, more transparent labour market for every South African. Today we are advocating through law a modern reimagining of what worker justice must mean in the 21st century.

"While the historic struggle secured fundamental labour rights, today’s economy demands a new frontier of reform. It must be one that confronts hidden inequalities in hiring and pay transparency,” Hlazo-Webster said. 

She said this milestone marked the beginning of a critical national conversation about fairness in the workplace, particularly for young people and previously disadvantaged communities who continued to bear the brunt of unequal pay practices.

“Every year, thousands of graduates and job seekers enter a labour market that too often operates against them. Despite being qualified and capable, and eager to contribute, many South Africans find themselves trapped in cycles of underpayment, with little power to negotiate fair wages or challenge opaque hiring practices,” Hlazo-Webster said.

“Unfortunately, the odds are stacked in favour of the employer, who holds disproportionate power in determining salary levels. This power is exercised by relying on a candidate’s salary history. It cements a practice in which an individual’s trajectory is suppressed, earnings based not on their true value, but on past disadvantage,” she said.  

 

The Bill introduces three key reforms: 

  • It outlaws salary history discrimination. Employers will no longer be permitted to ask for or rely on previous payslips when determining remuneration. This ensures that job seekers are paid based on their skills, qualifications, and the value they bring. 
  • It mandates salary transparency. Employers will be required to disclose a salary range in all job advertisements. This removes the guesswork for applicants, prevents undercutting, and ensures that all candidates enter the process with equal information. 
  • It strengthens the principle of equal pay for equal work. The Bill reinforces that remuneration must be based on merit, and not influenced by race, gender, age, or background. 

The Fair Pay Bill, championed by BOSA in Parliament, seeks to amend the Employment Equity Act to address these systemic failures and restore fairness to the hiring process.

“This imbalance perpetuates historical inequalities. Young professionals who are the first in their families to enter the formal economy, black South Africans, and women frequently begin their careers earning significantly less than their counterparts. When salary history is used as a benchmark, past injustice becomes future injustice,” Hlazo-Webster said.

She said BOSA would write to the leaders of all political parties represented in Parliament, as well as members of the Portfolio Committee on Employment and Labour, to urge their support for the Bill.

“As South Africa marks Workers’ Day, BOSA believes it is time to modernise the meaning of this historic moment for the 21st century. The fight for workers’ rights must now include the fight for fair access to opportunity, transparent hiring practices, and dignity in the workplace. The Fair Pay Bill represents a practical, achievable reform that can help unlock economic opportunity and restore fairness in the labour market,” Hlazo-Webster said. 

The gazetting of the Bill opens a 30-day public participation process, giving South Africans an opportunity to shape this important piece of legislation.

There are three key ways to participate:

  • Members of the public can submit their comments on the Bill via email at [email protected] or through an online submission form available at www.fairpaybill.co.za.
  • South Africans are also encouraged to sign the national petition in support of the Bill, which can be accessed here: https://fairpaybill.co.za/petition.html. This petition will form part of BOSA’s formal submission to Parliament.
  • Citizens are urged to directly engage their Members of Parliament and call on them to support the Fair Pay Bill. 

Following the 30-day public comment period, the Bill will go through parliamentary review by the Portfolio Committee on Employment and Labour before being voted on in the National Assembly. 

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