Issued by the CBA

We have considered both section 2(5) of the NCA, as well as section 4 of the Interpretation Act, both of which appear below (for convenience). 

Section 2(5) of the NCA 
When a particular number of business days is provided for between the happening of one event and another, the number of days must be calculated by—
(a)         excluding the day on which the first such event occurs;
(b)         including the day on or by which the second event is to occur; and
(c)          excluding any public holiday, Saturday or Sunday that falls on or between the days contemplated in paragraphs (a) and (b) respectively.
  
Section 4 of the Interpretation Act, No. 33 of 1957
 
4.   Reckoning of number of days.—When any particular number of days is prescribed for the doing of any act, or for any other purpose, the same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day happens to fall on a Sunday or on any public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively also of every such Sunday or public holiday. 
 
We have also considered various case law – none of which has assisted with this interpretation, and most of which refers to the definition of “court days” and “days” prescribed in relation to court matters (in which case “court days” is always presumed). 

Given that the NCA specifically refers to “business days”, and the Amnesty Regulations to “days” in various instances, there must be a distinction drawn between the two (even if, as we suspect, this was not actually the intention of the drafters). 
 
As such, it is our view that where reference is made to “business days” the definition in 2(5) of the NCA should apply and where reference is made to simply “days” the Interpretation Act should apply which states “exclusively of the first and inclusively of the last day, unless the last day happens to fall on a Sunday or on any public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively also of every such Sunday or public holiday”. In other words, this will exclude Sunday and public holidays, but will include Saturdays.
 
For example, if the Regulations require one to perform a certain act within 3 days from Sunday 01 June 2014, the calculation will exclude the Sunday and will simply count three days until Wednesday 04 June.
 
However, if the Regulations require one to perform a certain act within 7 days from Sunday 01 June 2014, the calculation will exclude Sunday 01st and Sunday 08th, and the count of seven days will end on Monday 09th June.

National lock down of 2020 are not considered business days