History 2 South African labour law

1 history

1.1 industrial conciliation act (1924)
1.2 industrial conciliation act (1937)
1.3 botha commission
1.4 wiehahn commission
1.5 labour relations act (1995)

history
industrial conciliation act (1924)

between 1911 , 1918, succession of laws promulgated in south africa dealt various industrial sectors, , labour in general. in aftermath of large-scale industrial unrest on witwatersrand in 1922, however, comprehensive attempt undertaken regulate relations between management , organised labour. tumult on rand led directly first comprehensive piece of labour legislation, industrial conciliation act 1924, first legislation regulate strikes in country. recognised , regulated lock-outs. act provided registration of white trade unions , employers’ organisations, self-evidently white, , established framework collective bargaining through industrial councils or conciliation boards, dispute settlement system. although act largely voluntarist, compliance provisions , collective agreements enforced criminal sanction. 1924 act resulted in greater wage disparity between different racial groups. industrial conciliation act dealt collective labour rights; individual rights dealt in wage act in 1925.

industrial conciliation act (1937)

problems of enforcement led major revision of south african labour law, introduction of industrial conciliation act 1937. 1937 act tried introduce more councils, in greater geographical spread, more collective engagements facilitated. there proliferation of unregistered trades union black people, legislatively excluded. specifically, pass-bearing black workers excluded, although black women unionise.

botha commission

1948 watershed year. nationalist party won election, albeit small margin (which grew in later years), on promise of apartheid. botha commission established determine how regulate labour relations in such way protect interests of white people. commission’s comprehensive review led legislation had far-reaching effect on labour structure. trade unions racially divided, job reservation introduced , blacks precluded joining registered trade unions. commission recommended black trade unions should dealt in separate legislation, government went step further , created entirely separate legislative framework black workers in general. trade unions in 1950s among black workers therefore not part of formal collective bargaining framework.

by 1952, black women excluded trade-union membership, while in 1953 black labour relations regulation act made provision for, inter alia, creation of central black labour council , regional committees, black labour officials , black workers’ committees. 1956 saw prohibition of creation of mixed-race trade unions, necessitating different unions different race groups. part of state’s attempt isolate , fragment workforce. fuelled unrest, however, rather quelling it.

in 1970s, power of black trade unions became notable, in period marked political unrest , industrial action. in 1973, provision made creation of liaison , coordinating committees, , restricted right strike accorded black workers. attempt accommodate black interests, without recognizing parity white interests, did not have desired effect.

wiehahn commission

this dualistic system of labour relations—one blacks , other whites, coloureds , indians (although latter groups discriminated against)—lasted until beginning of 1980s. in 1977, government appointed commission of enquiry labour legislation, commonly known wiehahn commission made significant recommendations change, changed face of collective bargaining in south africa. tasked examine current legislation , make recommendations maintain peace in labour system. commission produced six-part report, primary recommendations of were:

that full trade union rights accorded black workers;
that job reservation scrapped;
that manpower commission established; and
that industrial court replace existing industrial tribunal , given extended powers.

in attempt give effect these recommendations, significant amendments made industrial conciliation act (renamed labour relations act 28 of 1956), further amendments formed legislative structure regulating collective labour relations next 15 years.

the country’s labour laws largely deracialised. african workers not migrant workers join trade unions. national manpower commission, statutory body comprising representatives employers organisations, trades , state, meet discuss economic , industrial policy, duly established.

in recognition of fact dispute-resolution mechanisms, thitherto inadequate, needed bolstered, industrial court (predecessor of present-day labour court) duly established, too. industrial court largely hands-off in respect of collective bargaining, in did not think had place involving here.

the last change implemented result of commission’s findings removal of race-based job reservation, seen having contributed unrest. these changes led tremendous growth in trade union movement, proved instrumental, in 1980s, in struggle against apartheid.

labour relations act (1995)

the system in place advent of democracy, when south africa shaken roots transformation of apartheid regime democratic constitutional order, fragmented. there numerous definitional problems, too. given prominent role played trade unions in bringing down apartheid, , given rapid , large-scale movement of former union leaders , cadres party politics , government, hardly surprising attention given labour rights m new dispensation.

the right fair labour practices, right bargain collectively , right strike entrenched number of other fundamental rights in new interim constitution came force in 1993. rights remained entrenched in final constitution, adopted new democratic parliament on 8 may 1996. @ point, although parties agreed these fundamental labour rights should given constitutional status (although there dispute extent of employer’s right lock out), there room disagreement on scope , content of rights. final constitution provided national legislation may enacted regulate collective bargaining.

cue, writes john grogan, government set preparing legislation give flesh bones of constitutional guarantees. first step appoint commission, under chairmanship of professor halton cheadle, produce draft labour relations amendment bill. accomplished 6 months later. draft formed basis of new labour relations act 66 of 1995, appeared in current form after intensive debate in national economic development & labour council (nedlac), body consisting of representatives of government, organised labour, , employers, including manpower commission , national economic forum. started thrashing out new framework, deal comprehensively both individual , collective labour law. given adversarial nature of relationship between organised labour , employers point,

this revolutionary development. under watchful eye of government representatives, , participation, management , labour entrusted task of developing draft bill uniquely south african product @ once satisfied aspirations of labour , reservations of management, , yet conformed letter , spirit of constitution , requirements of international labour organisation (ilo), of south africa member.

this produced current lra, yet turning point. 1 of hopes of drafters change adversarial stance tended adopted unions , management under old dispensation more co-operative one. lra created new institutions encouraging union-management cooperation, , revamped old ones, in hope transform , mature attitudes , bargaining styles.