Painting SA purple without breaking labour laws

18 November 2025 ,  Sebabatso Sesing 40

Women for Change is a South African non-profit organisation committed to combating gender-based violence (“GBV”) and femicide. The organisation has once again sparked thought-provoking conversations around the need for urgent systemic reform aimed at addressing the country’s high levels of femicide and GBV, further demanding GBV to be declared a national crisis. Thousands of South Africans have shown their solidarity by painting their social media TL (“timeline”) purple and changing their profile pictures in support of the movement. 

To demonstrate the valuable contribution women hold in society and the economy, yet often without receiving the recognition or the necessary protection, Women for Change has called for a nationwide “downing of the tools” on Friday, 21 November 2025. Women are encouraged to refrain from all forms of paid and unpaid work on the day. This call comes as the country prepares to host global leaders at the upcoming Group of Twenty (“G20”) Summit in Johannesburg. 

However, beyond its social and political significance, the shutdown raises important questions regarding labour rights, leave entitlements, and lawful participation in the movement within the South African labour law landscape. 

Section 17 of the Constitution of the Republic of South Africa 1996, guarantees everyone the right to assemble, demonstrate, picket and to present petitions peacefully and unarmed. These rights extend to employees’ who wish to express solidarity and participate in social justice causes such as the fight against GBV. However, when such participation involves refraining from work, it triggers the operation of amongst others the Labour Relations Act 66 of 1995 (“LRA”), and the Basic Conditions of Employment Act 75 of 1997 (“BCEA”).

What this essentially means is that an employee’s absence from work without prior authorisation or approved leave constitutes unauthorised absenteeism or misconduct. Section 20(10) of the BCEA stipulates that annual leave must be taken in accordance with an agreement between the employer and employee, or if there is no agreement, it must be at a time determined by the employer.

It is also worth noting that, the planned shutdown does not fall within the scope of a protected strike as stated in Section 64 of the LRA, as it does not relate to a dispute concerning matters of mutual interest in an employment relationship. The shutdown may also fall short of the requirements set out by Section 77 of the LRA governing the right to take part in protest action to promote or defend socio-economic interests of workers.

Therefore, employees who participate in the shutdown should do so within the confines of the law and ensure that solidarity does not turn into disciplinary conflict. This includes, applying for leave in advance, having discussions with the employer on flexible arrangements such as adjusted working hours, or perhaps having a symbolic participation such as an awareness campaign, or wearing black to signify mourning. 

Furthermore, employers and employees can honour the spirit of the movement by fostering respectful dialogue, attending rallies outside of working hours, or using digital platforms to raise awareness and advocate for change. 

Employees should therefore act transparently and communicate their intentions well in advance. Be that as it may, employees who elect to lawfully participate in the shutdown must be protected from all forms of victimisation and unfair discrimination in the workplace.  

While employers are not legally compelled to grant leave specifically for the shutdown, the movement also urges corporates, state institutions, and civil society organisations to stand in solidarity. Facilitating employees’ participation, in one form or another signifies an alignment with the broader vision of corporate social responsibility. Thereby cementing an entity’s social standing and commitment to social justice. 

The Women for Change shutdown is a societal outcry against persistent gender inequality and violence. Together we can stand with Women for Change, and paint South Africa purple without compromising the integrity of the workplace or the principles of fairness as enshrined in our labour laws.

 

 

Disclaimer: This article is the personal opinion/view of the author(s) and does not necessarily present the views of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken based on this content without further written confirmation by the author(s). 

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