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TITLE: SOUTH AFRICA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
The Government has begun reorganizing and redesigning the
educational, housing, and health-care systems to benefit all
racial and ethnic groups in society more equally, but until the
work is completed, de facto discrimination continues in all
these areas.
People with Disabilities
In 1994 South African society continued to promote an
increasingly modern concept of people with disabilities as a
self-empowered minority whose civil rights must be protected.
This approach is reflected most notably in the Interim
Constitution and Bill of Fundamental Rights which includes
disability as a basis for nondiscrimination.
During the April 26-29 election, the IEC made extensive efforts
to enable disabled citizens to vote, including the use of mobile
polling stations.
In 1986 the NP government incorporated architectural
specifications into the National Building Code to ensure equal
access to public buildings for the physically disabled.
However, these have rarely been enforced and, until recently,
public awareness of them was virtually nonexistent. The
National Environmental Accessibility Program, an NGO whose
affiliated members comprise disabled consumer as well as service-
provider groups, has now established a presence in all nine
provinces in order to lobby for compliance with the regulations
and to sue offending property owners, as necessary.
According to the LHR, the public service staff code health
requirements are unnecessarily invasive and attempt to identify
the limitations of job applicants rather than their
capabilities. These requirements equate disability with ill
health and thus reinforce the notion that disabled people are
unhealthy and unfit for work. Government personnel managers
have used the wide discretion allowed them to prevent disabled
people from gaining permanent employment status. At year's end,
the government department responsible for the Reconstruction and
Development Program (RDP) and Disabled People South Africa, the
principal South African civil rights organization of people with
disabilities, were negotiating the appointment of an official to
ensure that all RDP projects take account of the needs of
disabled South Africans.
Section 6 Worker Rights
a. The Right of Association
The Labor Relations Act entitles all workers in the private
sector to join labor unions of their choosing. There are 201
registered trade unions and 47 unregistered unions, with a total
approximate membership of over 3 million workers or 45 percent
of the employed, economically active population. Probably more
than half of all union members are black.
At year's end, the Government was drafting a new labor relations
act designed to consolidate and simplify South African labor
law. Currently, South African labor relations are characterized
by a patchwork of labor law and practice largely designed to
inhibit or restrict trade union organization and activity. The
result is an uneven and sometimes volatile labor relations
climate in which trade unions must rely as much on their own
organization and strength as on their legal rights to achieve
their objectives.
The Congress of South African Trade Unions (COSATU) is formally
allied with the ANC and the South African Communist Party. Over
60 COSATU members serve in national and provincial legislatures
and administrations. The second largest trade union federation,
the National Council of Trade Unions (NACTU), while officially
independent of any political grouping, has close ties with the
PAC and the Azanian People's Organization.
In 1979 South Africa extended the right to strike, long enjoyed
by white workers, to most private sector workers, regardless of
race. Since then, work stoppages triggered by collective
bargaining disputes, and occasionally by political issues, have
been commonplace. Current South African labor law does not
prohibit an employer from firing a striking employee. However,
the Industrial Court has reinstated such fired employees when it
considered the firing to be an unfair labor practice. In this
regard, the Court has held that striking employees cannot be
fired if the strike is a valid part of the collective bargaining
process.
Historically, public sector employees have been legally
prohibited from striking. The 1993 passage of a Public Sector
Labor Relations Act, while clarifying the collective bargaining
process for public sector employees, still sharply restricts
strike activity. COSATU has argued that the Government's
definition of "essential services" is too broad, and that it is
specifically designed to block public sector strike activity.
The Government does not restrict union affiliation with regional
or international labor organizations.
The International Labor Organization (ILO) readmitted South
Africa in 1994. Originally an ILO member since its 1919
inception, South Africa withdrew from the ILO in 1964.
Following the reinstatement, the International Labor Conference
rescinded its declaration concerning action against apartheid.
b. The Right to Organize and Bargain Collectively
The law defines and protects the right to organize and bargain
collectively. The Government does not interfere directly with
union organizing in the private sector and generally has not
intervened in the collective bargaining process. In spite of
recent legislative changes, collective bargaining still does not
apply to farm workers and domestic workers. Excluded from the
statutory system of industrial councils until 1979, black unions
developed a collective bargaining tradition of their own.
Unassisted by statute, the unions established collective
bargaining relations at the enterprise level on the basis of
majority representation.
Since 1979 black unions have made increasing use of South
Africa's industrial council or centralized collective bargaining
system.
The 1993 emergence of tripartite negotiating forums, such as the
National Manpower Commission (NMC) and the National Economic
Forum (NEF), strengthened trade union influence over
labor and economic policy. The planned merger of the NMC and
NEF into the National Economic Development and Labor Council
(NEDLC) will solidify the role of trade unions as social
partners with government and business in the formation of
economic and labor policy.
South African law prohibits discrimination by private sector
employers against union members and organizers, and disputes
over recognition are relatively few. Private mediation services
are available and have been voluntarily resorted to by
management and black trade unions to resolve industrial
disputes. The Labor Relations Act established the Industrial
Court to rule in labor/management disputes. The most common
complaints filed with the Court concern dismissals, followed by
unfair labor practices. A Labor Court of Appeals oversees the
Industrial Court and can overturn its decisions. The Public
Sector Labor Relations Act (PSLRA), which was passed in 1993,
clarifies dispute resolution within the public sector by
recognizing the right of unions to organize and bargain
collectively in the public sector, by establishing dispute
resolution procedures, and by recognizing the right of public
sector workers not performing essential services to strike in
some circumstances.
South Africa has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is illegal under the Interim Constitution, and it
is not practiced.
d. Minimum Age for Employment of Children
The Basic Conditions of Employment Act prohibits the employment
of minors under age 15 in most industries, shops, and offices.
The Mines and Works Act prohibits minors under 16 from working
underground. There is no restriction, however, on the age at
which a person may work in agriculture. Use of child labor on
farms, often in harsh and dangerous conditions, is common. Use
of child labor in the informal economy is also commonplace. The
Ministries of Labor and Justice are weak and reactive in
enforcing existing child labor laws, depending largely on
complaints made against specific employers.
e. Acceptable Conditions of Work
There is no legally mandated minimum wage in South Africa.
Instead, the Labor Relations Act provides a mechanism for
negotiations between labor and management to set minimum wage
standards, industry by industry. At present, over 100
industries covering most nonagricultural workers come under the
provisions of the Act.
Most industries have a standard workweek of 46 hours, as well as
vacation and sick leave. Overtime is voluntary and limited to
10 hours a week. The law does not mandate a 24-hour rest break.
Attention to health and safety issues has increased in recent
years but is still inadequate. The state-funded National
Occupational and Safety Association claims the number of workers
suffering disabling injuries annually has dropped significantly
over the last decade. Nevertheless, injury and death at the
workplace, especially in heavy manufacturing and mining, is
still common. In 1993 after a campaign of several years'
duration by the National Union of Mineworkers, the Government
agreed to establish a Mines Commission of Inquiry to investigate
South Africa's mining health and safety laws. The Commission
began work in 1994 but had not reported its findings and
recommendations by year's end.
South African occupational health and safety laws, while
requiring an employer not to place employees at unreasonable
risk, do not give employees the right to remove themselves from
a hazardous job. An employee's decision to leave a hazardous
worksite could possibly lead to dismissal but more probably
would result in disciplinary action. South African occupational
health and safety laws do provide protection for workers who
report or file complaints against unsafe working conditions.
Such workers cannot be dismissed or reduced in rank or salary.
(###)