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The impact of Labour-business relations in South Africa: factors that affect Labour business relations in the manufacturing industry

  • Authors: Madlingozi, Azola
  • Date: 2021-12
  • Subjects: Industrial relations -- South Africa
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/54014 , vital:46178
  • Description: Industries play a significant role in a country’s economic growth stability and development. In analysing an industry, one could liken it to a big oil machine that requires all its parts to work in unison to achieve a single goal. In most cases, the biggest issue that causes conflicts or for the industry not to run smoothly is the relationship between labour and business. Some of these conflicts could be caused by the historic background of a country, lack of trust between both parties, the income difference between management and labour, and last, the lack of proper communication between both parties. This study aims to assess the role of the Labour Relation Act (LRA) of the South African manufacturing industry to educate and improve the future business sphere on how to engage labour in decision-making strategies and investigate relevant management strategies that could be employed to affect the labour-business relation positively in South Africa (SA). The importance of this study is crucial to the SA economy since SA is still a developing country. Good labour-business relations imply good industry productions, which, therefore, will promote investor confidence in SA for sustainable growth in the SA economy. , Thesis (MBA) -- Faculty of Business and Economic Sciences, 2021
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  • Date Issued: 2021-12

Exploring the management-union relationship in an automotive component manufacturer

  • Authors: Gunyazile, Bongani
  • Date: 2021-04
  • Subjects: Industrial relations -- South Africa , Labor unions -- South Africa , Management -- Employee participation
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/51464 , vital:43280
  • Description: This study explored the management-union relationship in an automotive component manufacturer. The study was explorative and descriptive, using a qualitative approach. This was done in order to provide an accurate and valid representation of the factors and variables that are relevant to the research question. The sample of the study consisted of both members of management and union representatives who had been with the company before 2002. A combination of descriptive statistics and content analysis were used to analyse data from the survey questionnaire and interview guide. The literature review dealt with the overview of the South African industrial relations system, the need for the company to be globally competitive, the role of employee participation and the need for cooperative union-management relationships. Further, the usefulness of the Relationship by Objectives (RBO) intervention in creating and securing cooperative union-management relations was appraised. The company, in consultation with the union acquired the services of an independent third party to facilitate the RBO intervention. The findings illustrate that both management and the union found the institutional framework put in place by the RBO process helpful to their relationship in that it allowed both parties to engage with each other frequently, in a more respectful and structured manner. It is recommended that the company, through HR in consultation with the union and strengthen the forums of engagements currently in place by scheduling meetings in advance, accommodate each other in order to afford all stakeholders an opportunity to plan ahead and attend all forums of engagement where possible. , Thesis (MA) -- Faculty of Business and Economic Sciences, Labour Relations and Human Resources, 2021
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  • Date Issued: 2021-04

A Veblenian Dichotomy re-examination of labour brokerage and South African labour market functionality

  • Authors: Haaketa, Bernadatte Tina
  • Date: 2020
  • Subjects: Veblen, Thorstein, 1857-1929 , Contracting out -- South Africa , Temporary employment -- South Africa , Industrial relations -- South Africa , Labor supply -- South Africa , Labor supply -- Effect of technological innovations on -- South Africa , Manpower policy -- South Africa , Labor market -- South Africa
  • Language: English
  • Type: text , Thesis , Masters , MCom
  • Identifier: http://hdl.handle.net/10962/168446 , vital:41583
  • Description: Labour markets ar ound the world have witnessed a great change in labour relations. The introduction of globa lisation, increased competition and technological advancements has caused business organisations to change their employment methods. While trying to survive and remain profitable, employers have adopted a new form of triangular employment relationship. Thi s form of employment relationship known as labour broking and which forms part of the Temporary Employment Services (TES) involves a relationship between the worker, labour agent (broker) and a client c ompany. Although it may seem like a good strategy for business organisations, the change in employment relationships has had negative effects and contributed to labour market dysfunctionalities . This has resulted in critics of labour broking calling or an end in labour broking and supporters of labour broking asking for better regulation of the industry. Labour markets are me When it comes to analysing labour broking and its impact on labour market functionality in South Africa. Scholars and analysts such as Budlender ( 2013 ) and Bhorat, Lil enstein, Oosthuizen , and Thornton ( 2016 ) have used the Neoclassical , New Institutional Economics and Marxist approach es. The current views on labour broking and the current schools of thought fail to look at the underlying behavioural aspect of labour brokers and the client c ompanies. Hence making it easy for labour brokers and their client companies to continue with their unscrupulous activities. However, this t hesis adapted the Veblenian Dichotomy framework which focuses on understanding the role of the evolutionary proce ss and the role of institutions in shaping economic behaviour. The Veblenian dichotomy shows that power plays an important role in how labour markets are run. Similarly, behaviour also influences the manner in which labour brokers and client companies trea t workers. And lastly the Veblenian dichotomy shows that in order for the industry to be run better there has to be change in the behaviour and cultu re of the labour brokers and client companies . This view allows for deeper analysis of the reasons for the flour ishing nature of labour broking and the rationale behind the behaviour of economic players and attempts to provide solutions on how labour brok ing can be correctly administered in South Africa. The Veblenian Dichotomy categorises institutions into t wo sets, namely the ceremonial institutions and instrumental institutions. Where Ceremonial institutions are said to be institutions that foster the interests of business such as profitability and earning of free income, even if there is no corresponding i ncrease in production. While Instrumental institutions, usually working through the influence of technology, address the interests of the common pers on and the labourer as well as business (Waller, 1982; Foster, 1981; Veblen, 1919). These two systems of va lues and institutions are antagonistic and the relative strength of one to the other determines economic outcomes and in whose interests the outcomes would be (Waller, 1982; Foster, 1981; Veblen, 1919). The Veblenian Dichotomy further looks at ceremonial encapsulation which occurs when ceremonial systems prevail over instrumental systems. Ceremonial encapsulation presents the hypothesis that the insti tutional structure will absorb new technology only to the extent that it can do so without disrupting the e xisting value structure (Waller, 1987; Bush, 1979.) The thesis use d various sources , such as working papers, public hearings, court cases, trade union submissions, integrated reports from companies, employee submissions and media publications on the debate about labour broking whether labour broking and applied the Interpretative Phenomenological Analysi s (IPA) research approach, in the process of data collection and analysis . The thesis further applied thematic analysis to derive themes that would be used to analyse the impact of labour broking on labour market functionality in South Africa. The emergent themes and subthemes were Exploitative lab our relations subthemes; job Insecurity, increased financial burden and no skills development. The second theme was; Competitive advantage and the subthemes were; i ncreased profits and organisational efficiency. The third theme was l abour market efficiency and the subthemes were. E mployment creation and labour market flexibility. And, the last theme was a mbiguous l abour regulation s with subthemes; n o freedom of association and a tool for circumventing labour regulations . Lastly, Tool’s (1994) criteria of j udgement for institutional adjustments was used to evaluate the emergent themes and to evaluate the impact of l abour broking on the overall welfare of individuals, which includes determining whether employees in the TES sector gain skills and improved stan dards of living. The findings of the research the TES sector is characterised by ceremonial values. Ceremonial values (as mentioned in section 3.3) are those values that are warranted by the ways of life that prescribe status and hierarchies and unpleasant distinctions to apply value and status on other people (Bush, 1987, 1988; Ayres, 1967). Thus changing the way in which labour brokers conduct themselves or handle labour broking activities would prove to be difficult . T he power that is mostly used in TES employment sectors is condign power. Condign power is explained as the form of power that is predominantly used in ceremonially encapsulated markets. And it involves making use of punishment or fear in order to get people to do something. This is because w orkers in the TES sector are forced to submit to conditions that they would not normally have submitted to if t hey did not have a fear of losing their jobs. This supports existing literature which shows that in the TES sector, TES employers use force and p ower in order to get the workers to do something, and this results in a master - servant relationship between the employer and the employee. Furthermore, the protests that erupt in the TES sector agree with Marxist theory which notes that the frustrations in the way workers are treated would result in a revolution of the working class against the employers. However, now, workers have not been able to overcome the employers and take over the industry. In addition to what current literature says, the research found that some managers make use of labour broking as a way of manifesting their exploitative characteristics on the labour market, thus creating information asymmetries in order to advance their own personal needs. Situations such as these reve al characteristics of opportunistic behaviour, which is perpetuated by the imperfect flow of information. This means th at the market is imperfect, and imperfect markets are characteristics of dysfunctional labour markets. The research also found that it i s the South African Constitution that protects labour brokers and client companies from accounting for the unfair treatm ent of workers. Labour brokers and client companies rely on the South African Constitution to defend them when it comes to banning labou r broking. This is because section 22 of the Constitution talks about the right of every individual to trade freely in S outh Africa (Kutumela, 2015). When institutional adjustments do not meet the requirements of the progressive criteria, it means they are regressive. Based on the data that was collected and the responses and remarks of the workers, trade unions, and trade union federations, it can be said that TES employment and labour broking hinders labour market functionality. Hence, it can be concluded that, due to the characteristics mentioned, labour broking does indeed have a regressive element which hinders labour m arket functionality. An area for further research for TES employment would be to look at the impact of the amendments to the Labour Rela tions Act. Specifically focusing on the Constitutional Court ruling, which forces labour brokers to treat employees who have been employed for longer than three months as permanent employees.
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  • Date Issued: 2020

Exploring the management-union relationship at a large automotive manufacturer

  • Authors: Le Roux, Loreen
  • Date: 2019
  • Subjects: Industrial relations -- South Africa , Labor unions -- South Africa Automobile industry and trade -- South Africa Organizational behavior -- South Africa Psychology, Industrial
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: http://hdl.handle.net/10948/40382 , vital:36154
  • Description: The South African labour environment makes a significant contribution to the country’s ability to function within a social market economy. Labour instability deters foreign investment and has had a negative impact on productivity levels. It would, therefore, be of value to the field of labour relations to consider how the management-union relationship at an organisational level can be improved to encourage a stable, effective and collective relationship. A qualitative approach was adopted to explore and describe the nature of the management-union relationship, including both the confrontational and cooperative elements of interaction, at a large automotive MANUFACTURER that operates within a multinational group. The study explored the effectiveness of the Industrial Relations Framework, which was once or is regarded as the benchmark of Industrial Relations structures within the South African context. This was due to its implementation of an adapted Co-determination Model of employee participation from as early as 1994; thus, providing an opportunity to study a long-established and mature management-union relationship. The relationship was regarded as an aspect of the Industrial Relations climate and focused on interaction within the MANUFACTURER’s Industrial Relations Framework (three committees being the Joint Strategic Workshop, Plant Committee and Negotiating Committee). The aim of the study is to describe the specific factors identified by the parties as having influenced their relationship. Furthermore, the effectiveness of the Industrial Relations Framework was considered in terms of its contribution towards achieving the parties’ goals and lastly, suggestions for improvement were shared to improve the effectiveness of the relationship. The literature reviewed considered the nature of the collective relationship. Firstly, the characteristics of a collective relationship were described to appreciate the complexity and multifaceted, simultaneous influences of the external and internal elements, which impact on the relationship. Secondly, frames of reference were identified that contextualised the chosen industrial relations ideology adopted. Thirdly, typical industrial relations relationship patterns were described which explained the selected approach adopted in the management-union interaction. Fourthly, the South African legislative context was highlighted to appreciate the South African Government’s support for the primacy of the collective relationship. Lastly, a few academic models that included seminal work, were considered to recognise key factors influencing the collective relationship. The most common factors identified were attitudinal dimensions (attitudes, behaviours, and perceptions), goals, sharing common objectives, trust, recognition of legitimacy, access to information, voice, equity (fairness), and communication. The sample consisted of Human Resource Management and NUMSA representatives who participated in the Industrial Relations Framework. Semi-structured, individual interviews were used as a research instrument for data gathering. On conclusion of this phase, a thematic analysis was conducted and themes were identified. This assisted in the description of key factors that had an impact on this particular collective relationship within a pluralistic industrial relations context. The findings revealed that the nature of the relationship differed at the various committees. It was influenced by the functioning of the committee, the effectiveness in achieving the parties’ goals, the level of management represented and the nature of the processes involved in the interaction (information-sharing, consultation and negotiation). Positive changes are underway whereby union capacity building is being addressed to aid and elevate the level of engagement. Operational improvements to benefit the functioning of the committees and afford the union increased input. A joint organisational vision is also being drafted as the first step towards a closer, future partnership as the MANUFACTURER faces competitive challenges.
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  • Date Issued: 2019

My madam: same race, different class: living and working conditions of undocumented, migrant BaSotho domestic workers employed in black middle class houshold

  • Authors: Madonsela, Koketso Njabulo Gosiame
  • Date: 2017
  • Subjects: Black women household empoyees -- South Africa , Black employers -- South Africa , Women household employees -- South Africa , Women, Sotho -- Employment -- South Africa , Businesspeople, Black -- South Africa , Migrant labor -- South Africa , Illegal aliens -- South Africa , Master and servant -- South Africa , Women, Black -- Employment -- South Africa , Industrial relations -- South Africa
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: http://hdl.handle.net/10962/35166 , vital:24337
  • Description: Jacklyn Cock’s Maids and Madams is a study on domestic work in the Eastern Cape which places a focus on black domestic workers who work in white families. Cock’s study was ground-breaking research within labour development in South Africa (with regards to domestic service). The apartheid system regarded domestic work as that of social reproduction: domestic workers left their families to replenish and reproduce the labour power of white families, whose members were employed in a formal workplace. The contribution to this system, according to Cock (1989), was unbreakable because they did not earn enough money to disrupt the system. The respondents of this thesis are undocumented migrant Basotho domestic workers. These domestic workers have much in common with Cock’s respondents. For one, they leave their homes and families to replenish the labour power of black middle class families, whose members are employed in a formal workplace. The difference between this thesis and Cock’s study is that the respondents’ employers are members of the black middle class. Furthermore, the employees are undocumented Basotho domestic workers. Undocumented, migrant, Basotho domestic workers are in a similarly vulnerable position to that of Cock’s respondents. This dissertation engages with the extent to which Maids and Madams is still relevant to the living and working conditions of a new vulnerable workforce in the domestic sector: undocumented, female, Basotho domestic workers employed in black, middle-class households in Gauteng. The dissertation also finds that the relationship between the black migrant domestic worker and the black middle class employer is influenced cultural aspects of what domestic chores represent in black families, and the element of respect from employers (particularly to elderly domestic workers) or lack thereof. This dissertation underlines that the term “ousi” makes the Basotho domestic workers a collective, and not individuals. Thus the term “ousi” can be viewed as the term that takes away the identity of the domestic worker. The theoretical framework of the research is labour process theory (LPT). The new wave of labour process theorists are much more focused on the service industry. LPT is significant to this research because its focus is on the subjective experiences of the workers. This is the core purpose of the thesis. The focus of the new wave LPT involves a shift from understanding workers at a macro level to understanding the subjective experiences of the workers (in the service industry) at a micro level. This provides an appropriate framework to study the subjective working and living experiences of undocumented, migrant, Basotho domestic workers. The research design is based on qualitative research. The research made use of in-depth and semi-structured interviews. The selection of respondents was done through purposive sampling. They findings of this research highlighted the central themes in the relevant literature. However, the key findings of this research also reveal tensions and contradictions that are not explored in detail in the existing literature. For example, the relationship between the black middle class employer and the black domestic worker has tensions which originate from a cultural context. The respondents of this dissertation and their employers are of the same race, yet are of a different class.
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  • Date Issued: 2017

Occupational health and safety and industrial relations in the South African construction industry : case studies of selected construction firms in Grahamstown

  • Authors: Nene, Sinenhlanhla Sindisiwe
  • Date: 2015
  • Subjects: Industrial safety -- South Africa , Industrial relations -- South Africa , Construction industry -- South Africa -- Grahamstown , Management -- Employee participation
  • Language: English
  • Type: Thesis , Masters , MSocSc
  • Identifier: vital:3401 , http://hdl.handle.net/10962/d1018663
  • Description: The construction industry is one of the most dangerous industries in the world, with many workplace fatalities every day. The existence of legislation that governs Occupational Health and Safety (OHS) is an intervention to ensure that all governments, employers and employees play their part in establishing and implementing policies that will help secure healthy and safe working environments. The study is qualitative and with the help of an interview guide, semistructured interviews were used to collect the data. The respondents were selected using purposive and snowball sampling methods. Ten managers from ten (five small, five large) construction firms, two employees from each firm, and the OHS inspector from the Department of Labour in Grahamstown were interviewed. Having explored management’s practices, communication methods, training and distribution of information, employee representation and participation, and industrial relations, several conclusions were reached. During the study it was found that there are a number of obstacles that are hampering effective OHS in the construction industry. Some of these include; management’s lack of commitment to a participatory approach in OHS decision-making, limited resources to invest adequately in OHS, and the lack of sufficient trade union involvement. In addition, we know very little about OHS in the construction industry, and the mere existence of OHS legislation does not help reduce the risks associated with construction work, especially when there is a shortage of skilled personnel to enforce the legislation and regulations.
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  • Date Issued: 2015

The constitutionality of section 32 of the Labour Relations Act

  • Authors: Hemsley, Michael Norman
  • Date: 2015
  • Subjects: Labor laws and legislation -- South Africa Labor unions -- South Africa Collective bargaining -- South Africa , Industrial relations -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: http://hdl.handle.net/10948/11070 , vital:26882
  • Description: Collective bargaining is the process whereby employees act as a collective unit whilst negotiating terms and conditions of employment with employers. The collective unit typically takes the form of a trade union, mandated by its members to negotiate on their behalf. By negotiating collectively the inherent imbalance of power between employer and individual employee is seen to be neutralised. The process of collective bargaining enjoys legal status in South Africa and around the world. The Industrial Conciliation Act of 1924 institutionalised collective bargaining for the first time in the form of the Industrial-Council system. This sectoral bargaining system stood firm throughout the pre-democracy period but initially excluded non-white employees. Industrial unrest in the 1970s was the catalyst for the Wiehan commission which ultimately brought all employees into the fold. By the dawn of democracy in South Africa the bargaining system enjoyed wide-spread support and legitimacy. This was particularly so amongst the COSATU-led labour movement which enjoyed a position of political strength. This support and strength were reflected in the contents of both the Labour Relations Act and the Constitution which enshrined the constitutional right to engage in collective bargaining. Possibly the most debated aspect of the Council system has been the question of extending agreements to non-parties. Those in favour argue that the Council system cannot function in the absence of extensions. This is so because what would then effectively be a voluntary system would not attract sufficient volunteers. Those against argue that extensions act as a barrier to economic activity, particularly for small and new businesses. Legislation has, since 1924, facilitated the extension of agreements as long as certain criteria are met. Section 32 of the Labour Relations Act is the current extension vehicle. The extension criteria have vacillated over time and especially so in recent history with section 32 being subject to change in every post-democracy amendment to the Act. Possibly the most serious challenge to the extension status quo has come in the form of a constitutional challenge by the Free-Market Foundation. The Foundation advances old economic arguments but links these to an alleged impingement of constitutional rights. The challenge comes at a time when the country is experiencing the most significant socio-political turbulence since democracy. This includes the most enduring strike in our history, a landmark-employer lock-out and a parliamentary facelift. The Metal and Engineering Industries Bargaining Council oversees the biggest manufacturing sector in the South African economy. This status prompted the Council to submit its own responding papers in the Free-Market case. Particularly fascinating is that an employer party to the Council not only supports the Foundation case but has also lodged its own proceedings against the extension of the 2014 Engineering agreement. Both these cases are still pending and the outcomes have the potential to transform the political and economic landscape of our country.
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  • Date Issued: 2015

Marikana : taking a subaltern sphere of politics seriously

  • Authors: Naicker, Camalita
  • Date: 2014
  • Subjects: Miners -- South Africa -- Rustenburg -- Social conditions -- 21st century , Mineral industries -- Political aspects -- South Africa , Violence -- South Africa -- Rustenburg , Massacres -- South Africa -- Rustenburg , Strikes and lockouts -- Miners -- South Africa , Political leadership -- South Africa , Industrial relations -- South Africa , Marxist criticism , Marikana (Rustenburg, South Africa)
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:2886 , http://hdl.handle.net/10962/d1015651
  • Description: This thesis aims to open up the realm of what counts as political in the context of the Marikana strikes and subsequent massacre. It does primarily by taking into account the social, political and cultural context of Mpondo workers on the mines. Many narrow Marxist and liberal frameworks have circumscribed the conception of the ‘modern’ and the ‘political’ so much so that political organisation which falls outside of this conceptualisation is often regarded as ‘backward’ or ‘archaic’. It will provide an examination of the history, culture and custom of men, who have, for almost a hundred years migrated back and forth between South African mines and Mpondoland. This not only reveals differing modes of organising and engaging in political action, but also that the praxis of democracy takes many forms, some of which are different and opposed to what counts as democratic in Western liberal democracy. By considering what I argue, following some of the insights from the Subaltern Studies collective in India, to be a subaltern sphere of politics and history, it is possible to better understand the way workers organised and acted. The thesis also argues that most labour and nationalist historiography has been silent on the political contributions of women because of how Marxist/liberal analysis frames struggles through disciplined notions of work and resistance. Rather than objectifying workers as representatives of a homogenous and universal class of people devoid of context, the thesis has linked ‘the worker’ to the community from which s/he comes and community specific struggles, which are supported and sustained, often, by the parallel struggles of women in the community.
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  • Date Issued: 2014

The role of the education labour relations council in collective bargaining

  • Authors: Foca, Nolusindiso Octavia
  • Date: 2014
  • Subjects: Collective bargaining -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:10298 , http://hdl.handle.net/10948/d1021054
  • Description: The 1996 Constitution provides workers with the right to form and join trade unions and to participate in the activities and programmes of those trade unions. The organizational and associated rights contained in sections 23(2)-(4) of the Constitution of Republic of South Africa, form the bedrock of a labour-relations system characterized by voluntarist collective bargaining. The constitutional protection that the above section gives to these organisational rights shields the trade unions and employer organisations from legislative and executive interference in their affairs and in turn, inhibits victimisation of and interference in trade unions by employers. One of the expressly stated purposes of the Labour Relations Act of 1995 (hereinafter referred to as the “LRA”) is to promote collective bargaining and to provide a framework within which employers, employers’ organisations, trade unions and employees can bargain collectively to determine wages, terms and conditions of employment, other matters of mutual interest and to formulate industrial policy. Notwithstanding the above purpose, the Act does not compel collective bargaining, with the result that the courts have no role in determining, for example, whether an employer should bargain collectively with a trade, what they should bargain about, at what level they should bargain or how parties to a negotiation should conduct themselves. Despite this, by extending and bolstering the right to strike, the LRA has effectively empowered trade unions to have recourse to the strike as an integral aspect of the collective bargaining process. The LRA provides a framework that is conducive to collective bargaining and thus providing for the establishment of bargaining councils. The purpose of this treatise is to examine the role played by the Education Labour Relations Council (hereinafter referred to as the “ELRC”) as one of the sectoral bargaining councils in the Public Service, in collective bargaining. In order to place this discussion in context, it is valuable to know the history of industrial relations and collective bargaining in South Africa.
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  • Date Issued: 2014

The legal protection of temporary employees

  • Authors: Gillespie, Neil
  • Date: 2013
  • Subjects: Employee rights -- South Africa , Labor laws and legislation -- South Africa , Labor contract -- South Africa , Industrial relations -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:10287 , http://hdl.handle.net/10948/d1019793
  • Description: This paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C). Issues surrounding Temporary Employment Services and fixed-term employees have been very divisive and have been the topics of heated debate at all levels of Industrial Relations for a long time. Discussions regarding the use of the services of Temporary Employment Services can be highly emotive, with Temporary Employment Services being accused of committing wideThis paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C).
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  • Date Issued: 2013

A conflict theory analysis of the 2007 South African public sector strike using a conflict model

  • Authors: Knowles, Kelvin David
  • Date: 2012
  • Subjects: Collective bargaining -- South Africa , Dispute resolution (Law) -- South Africa , Strikes and lockouts -- Law and legislation -- South Africa , Industrial relations -- South Africa
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:9407 , http://hdl.handle.net/10948/d1015033
  • Description: Conflict is an inherent part of any service relationship, and is one of the important methods of effective organisational functioning. Depending on its management, it has both constructive and negative outcomes. The most extreme outcome of conflict in an industrial relationship is a strike. The South African Public Service strike of 2007 was the most protracted and united strike in the history of South Africa. In order to provide an insight into this strike, this treatise explores the following key aspects: • To present a short background of collective bargaining in the public sector through time. • To provide a short background to the public sector strike in 2007. • To develop a conflict model for analytic purposes based on a literature review and to use the conflict model to analyse the strike. A study of the strike was deemed essential because of its current nature and it being charged with political undertones. Moreover, conflict in the employment relationship has had an important influence on theories of industrial relations. The South African labour relations system is pluralist in nature, with a focus on the formal institutions of industrial relations. The focus should be on the motives and actions of parties in the employment relationship. Hence, one should look beyond conventional explanations in understanding conflict.
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  • Date Issued: 2012

Scoring an own goal? The Construction Workers 2010 World Cup Strike

  • Authors: Cottle, Eddie
  • Date: 2011-10-04
  • Subjects: Labour disputes -- South Africa , Strikes and lockouts -- South Africa , Industrial relations -- South Africa
  • Language: English
  • Type: article , text
  • Identifier: http://hdl.handle.net/10962/60018 , vital:27722
  • Description: The nationwide strike by 70 000 construction workers between 8 and 15 July 2009 was unprecedented and significant in several respects. This was the first national strike on 2010 World Cup sites by South African construction workers and was therefore an historic event. A second key feature of the strike was the unity displayed by workers and trade unions within a sector organised by several trade unions. Engineering and building workers came out on strike, with the Building Construction & Allied Workers Union (BCAWU) and the National Union of Mineworkers (NUM) standing together as their representative organisations. A third feature of the strike was the widespread sympathy for it by the South African public and media. This was despite it potentially setting back progress with World Cup projects. Fourthly, the pressure placed upon the trade unions' negotiating team by the Ministry of Labour and the FIFA Local Organising Committee (LOC) proved lethal in undermining their, assisting in causing them to dilute their trade union demands and demobilising the national strike.
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  • Date Issued: 2011-10-04

A case study of corporate social investment: employing people with intellectual disabilities

  • Authors: Pillay, Jayalakshmi
  • Date: 2011
  • Subjects: Kuyasa Special School (Grahamstown, South Africa) , Rhodes University -- Employees , Social responsibility of business -- South Africa , People with mental disabilities -- Employment -- South Africa , Employee retention -- South Africa , Industrial relations -- South Africa , Vocational guidance -- South Africa
  • Language: English
  • Type: Thesis , Masters , MBA
  • Identifier: vital:733 , http://hdl.handle.net/10962/d1003853 , Kuyasa Special School (Grahamstown, South Africa) , Rhodes University -- Employees , Social responsibility of business -- South Africa , People with mental disabilities -- Employment -- South Africa , Employee retention -- South Africa , Industrial relations -- South Africa , Vocational guidance -- South Africa
  • Description: This research was undertaken within the broader concept of Corporate Social Investments and how this concept is integrated within the context of staff retention and what this means for business and creating employment opportunities for people with disabilities. Illustrated through the description of CSI literature and intending to explain the link between CSI and employee retention, research questions presented as part of the outcomes for the research examines notion that there is a relationship between Corporate Social Investment and Employee Retention. Reference to the case study "Rhodes / Kuyasa Partnership" illustrates how such partnerships attempt to create opportunities for the community, the organisation, people with disabilities and employees at large. The case study was written to be used as a teaching case study in the context of Human Resources, Business Sustainability and Corporate Social Investment. The effectiveness and viability of the Kuyasa / Rhodes partnership will highlight acceptance and or non acceptance of people with disability by the non-disabled workforce. This case study will highlight CSI linkages that lead to staff retention, higher job satisfaction, lower turnover of staff, enhanced community engagement, creating opportunities that accommodate people with special needs, developing models that can be replicated in other organisations, creating additional opportunities for existing staff. Metcalf (2008:61) suggests that organisations need to ensure that the leadership and organisation culture within organisations is appropriate to engage staff with disabilities and non-disabled staff, and that their most senior managers demonstrate their commitment to develop, and help others develop, in the same way. The Kuyasa Rhodes Partnership may have started off as a Retention Strategy, however has given rise to a social initiative that can be replicated in other enabling organisations. The case study material was acquired through one on one interviews, and a focus group session on the effectiveness with the retention of such employees with intellectual disabilities, internship and mentoring issues, and as well as issues such as affirmative action, and the benefits and shortcomings of staff retention to the organisation. Key stakeholders interviewed for this case study expressed differing view -points, and in particular the benefits and shortcomings of this initiative. The Rhodes Kuyasa initiative appears to have achieved some success in enabling young adults / learners to work in a mainstream working environment by developing employment skills and life skills, and by improving their employment opportunities. Factors critical to the continuation of such initiatives included: the close involvement with both partners (Rhodes and the Kuyasa Special School), the sensitive treatment of the learners, and creating internal departmental partnerships within the Rhodes environment. A selected group of ten learners were mentored and provided with full time employment within the industrial Campus Food Services facility. Discussion that was highlighted in the case study must give consideration to a more investigative approach into overcoming the barriers of discrimination in the workplace and the major barriers to skills development. These have highlighted a number of relatively consistent themes around what were the successful and unsuccessful strategies. Integration of people with disabilities within the Rhodes University service areas has had positive effects for the disabled learner and employee workplace. People with disabilities indicated on how having mainstream employment allowed them to be independent, have a purpose in life and enhance their self worth in their communities and place of employment. Furthermore, being employed had positive repercussions on the person‘s co-workers. By demonstrating their competence, people with disabilities have had significant impact on other people‘s attitudes to disabled persons. Discussions held with the Principal of the Kuyasa Specialised School highlighted the need for crucial planning within special schools for disabled people in the area of transition from school to skills development and work. Skills development guidance is important in ensuring a choice of relevant interventions and obtaining the necessary information. Some staff expressed frustration at being with co-workers who questioned their presence and placement in the kitchen environment. Even though the disabled person was suitably placed they faced stereotypical behaviour and attitudes from their co-workers on what people with disabilities can or cannot do. Staff with intellectual disabilities commented that their co-workers see them as needing constant attention and care and not being capable of working. Some of the staff with disabilities had to work much harder to be recognised by their co-workers and supervisors. Currently few people with disabilities seem to be receiving career guidance while at school, as reflected in the case studies. One person with an intellectual disability described how the intervention of developing a comprehensive school leaving plan, which was then implemented by the school, allowed for good transition from school to Rhodes University. The role of personal factors such as life skills, personal motivation, the desire for personal achievement and a positive attitude were common themes that came out of the focus group. Initiatives to ensure that people accept themselves, their circumstances and are able to express their desires and realise their dreams are important factors. In addressing the barriers, co-worker attitudes make a big difference to how effectively the disabled person is able to participate in the training and employment. The future focus must be enabling and in line with successes and failures in the areas of employee integration in the workplace, life-skills development for people with disabilities. A clear career guidance plan should be developed for all disabled children before they leave school. This plan should include provision of adequate information on different career options and training. The negative attitudes of co-workers and supervisors should be changed by providing training support to ensure that they feel confident to meet the needs of disabled staff. Employers should be providing support and information on how to meet the needs of disabled employees. People with intellectual disabilities are an integral part of the South African population. Business and social enterprises need to have a focused inclusive strategy to integrate people with intellectual disabilities within the South African society to ensure equity and diversity awareness. Working with people with intellectual disabilities has been the focus of this research to ensure long term sustainable employment, CSI and Employment equity. Integrating Corporate Social Investment policies with Human Resources Equity policies are important factors in ensuring that people with intellectual disabilities are a fundamental focus in recruitment and retention strategies within business and social enterprises. Initiatives such as the Kuyasa / Rhodes Partnership are attempting to align to the overall objectives of incorporating people with intellectual disabilities into mainstream work, in particular, with the objective of incorporating people with disabilities in some accessible sections within the organisation. This contributes to the Rhodes University Campus Food Services becoming an example of excellence in the CSI and employee retention field. It is hoped that this teaching case study will make an important contribution to students learning about sustainable business practices, and for business focusing on employment recruitment and retention strategies to integrate people with intellectual disabilities within their organisations.
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  • Date Issued: 2011

Dismissal law in the education sector

  • Authors: Myeki, Mfundo
  • Date: 2011
  • Subjects: Industrial relations -- South Africa , Labor laws and legislation , Employees -- Dismissal of -- Law and legislation , Labor contract -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:10213 , http://hdl.handle.net/10948/1567 , Industrial relations -- South Africa , Labor laws and legislation , Employees -- Dismissal of -- Law and legislation , Labor contract -- South Africa
  • Description: This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.
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  • Date Issued: 2011

The right to organise: critiquing the role of trade unions in shaping work relations in post-apartheid South Africa

  • Authors: Nyathi, Mthokozisi
  • Date: 2011
  • Subjects: Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:3690 , http://hdl.handle.net/10962/d1003205 , Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
  • Description: Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
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  • Date Issued: 2011

Critical analysis of the 2007 public service strike and its impact on the evolution of formalised collective bargaining in South Africa

  • Authors: Bhe, Vuyisile
  • Date: 2009
  • Subjects: Collective bargaining -- South Africa , Dispute resolution (Law) -- South Africa , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:10192 , http://hdl.handle.net/10948/1043 , Collective bargaining -- South Africa , Dispute resolution (Law) -- South Africa , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa
  • Description: Section 213 of the Labour Relations Act defines ’strike’ as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and employee, and any reference to “work” this definition includes overtime work, whether it is voluntary or compulsory. According to Mcllroy: “As long as our society is divided between those who own and control the means of production and those who only have the ability to work, strikes will be inevitable because they are the ultimate means workers have of protecting themselves.” 1 The Constitutional Court justified the exclusion of a constitutional right to lock out and the inclusion of a constitutional right to strike by indicating that the right to strike is not equivalent to a right to lock out and is essential for workplace democracy. 2 The right to strike is essential to bolster collective bargaining and thereby to give employees the power to bargain effectively with employers. The employers on the According to the Constitutional Court employers enjoy greater social and economic power compared to individual workers and may exercise a wide range of power against workers through a range of weapons, such as dismissal, the employment of alternative or replacement labour, the unilateral implementation of new terms and conditions of employment, and the exclusion of workers from the workplace. To combat this and have a say in the workplace, the Constitutional Court held that “employees need to act in concert to provide them collectively with sufficient power to bargain effectively with employers and exercise collective power primarily through the mechanism of strike action”. The importance of the right to strike in creating workplace democracy is also reflected in a number of Labour Court and Labour Appeal Court judgments. other hand have economic strength that is used to bargain effectively. That is why the strike enjoys constitutional protection, whereas the lock-out does not. , Abstract
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  • Date Issued: 2009

Workplace forums in terms of the labour relations act 66 of 1995

  • Authors: Pather, Sivalingam
  • Date: 2007
  • Subjects: Industrial relations -- South Africa , Labor laws and legislation -- South Africa , Works councils -- Law and legislation -- South Africa , Works councils -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:10229 , http://hdl.handle.net/10948/845 , Industrial relations -- South Africa , Labor laws and legislation -- South Africa , Works councils -- Law and legislation -- South Africa , Works councils -- South Africa
  • Description: The promulgation into law of the concept of workplace forums has been beset with immense criticism and opposition from organized labour and some quarters of organized business. Last ditch efforts by the Ministerial Task Team had won the day for the inclusion of this controversial provision in the new Labour Relations Act.1 Commentators on the Act tend to agree that the fallout with organized labour at the negotiations has probably set the scene as to whether the provisions would be widely used or not. History has shown that the establishment of such forums in workplaces has been low. In some situations where workplace forums had been established, their continuous sustainability was put into doubt. This has led to the de-establishment of some of these forums in some workplaces. Various reasons were provided, but the prime factors for its failure could be traced back to the negotiations at NEDLAC. The unions opposed the original proposal by government that minority unions and even non-union employees can trigger the establishment of a workplace forum and insisted that this be restricted to majority unions. The voluntary nature regarding the establishment of a workplace forum and the trigger that only a majority union can invoke the provisions has still seen unions reluctant to utilize the provisions since it did not serve their purpose. The aims of the provisions, namely to increase workplace democracy, was therefore thwarted in favour of more informal procedures. Although the idea is a noble one, it is argued that the introduction of the provisions was ill-timed and inappropriate. The lesson that the legislature can take is that for any provision to be a success, buy-in from all stakeholders is paramount. Research has shown that there was a steady decline in the establishment of workplace forums. Since December 2004 there was not a single application received by the Commission for Conciliation, mediation and Arbitration. There is also doubt as to whether any of the Forums that were previously established are still functional. What is certain is that statutory workplace forums is not at the forefront as a vehicle for change that was envisaged in the Explanatory Memorandum that accompanied the new Labour Relations Act. What is also certain is that employers and employees are utilizing other forums to ensure workplace participation. These forums, however, only provide a voice to unionized workers. The vast majority of non-union workers remain voiceless. The proposed amendments in 2002 that intimated that the trigger be any union and not only majority unions failed to be passed into law. Perhaps it is that type of catalyst that is required to give life to the provisions. The future of workplace forums in South Africa is bleak and will continue to be if there is no intervention by the parties at NEDLAC to revive it. A complete revamp of the legislation would be required for such a revival. Some commentators have made meaningful suggestions on changes that can be made to the legislation to make workplace forums more attractive. Some have suggested it be scrapped altogether and future workplace participatory structures should be left to the parties to embrace voluntarily. Workplace forums are a novel innovation with great potential to encourage workplace democracy. There is nothing wrong with the concept. The application of such forums in the South African context is what is concerning. Perhaps prior experience and experimentation with similar type forums have tarnished workplace participation. The strategies by the previous regime and some employers have caused such participation to equate to co-option. Perhaps not enough spade work was done to ensure that the climate and attitude of the parties was conducive for its introduction. What is paramount no matter the form it takes is that workplace participation is crucial for economic growth and the introduction of new work methods to improve productivity. Without the establishment of such forums, whether voluntary or statutory, the ‘second channel principle’ that promotes non-adversarial workplace joint decision-making would be lost and conflict based participation could spiral leading to economic disaster.
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  • Date Issued: 2007

The direction of trade and its implications for labour in South Africa

  • Authors: Cameron, Iona R
  • Date: 2005
  • Subjects: Labor demand -- South Africa , Labor market -- South Africa , Industrial relations -- South Africa , Foreign trade and employment -- South Africa , International economic relations , Free trade -- South Africa , South Africa -- Commercial policy
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:948 , http://hdl.handle.net/10962/d1002682 , Labor demand -- South Africa , Labor market -- South Africa , Industrial relations -- South Africa , Foreign trade and employment -- South Africa , International economic relations , Free trade -- South Africa , South Africa -- Commercial policy
  • Description: This aim of this thesis is to analyse the demand for labour from trade with a selection of South Africa’s trading partners. It is expected that labour demand will be greater in trade with developed blocs. Trade between developing blocs, however, is thought to be more skilled labour intensive and such trade should have greater linkages. This ought to feed through into greater labour demand so that South-South trade may be more ‘labour creating’ than expected. As it is more skill intensive, it may also be more dynamic, which has implications for future growth and development. Factor content methodology is used to assess labour demand. Calculations consider linkages to other sectors (which will increase labour demand) and the use of scarce resources (which has an opportunity cost to labour). The findings support the claim that trade with developing blocs is more professional labour intensive. Evidence that it may be more dynamic and have greater linkages to labour is borne out in exports to SADC. Greater labour demand through linkages, however, is not evident in net trade to SADC. Neither are they of significance in trade with any of the other developing blocs so labour effects due to linkages appear to be negligible. The advantages of South-South trade may rather lie in the dynamic benefits that trade in higher technology goods provides. When scarce resources such as capital and professional labour are taken into account, it is found that labour demand is negative in net trade to all blocs. However, even without the problem of scarce resources, most blocs have a negative demand for labour in net trade. The indication is that with the present trade patterns, South Africa cannot expect trade to increase labour demand. Policy which could improve this situation would be to increase labour force skills, improve the flexibility of the labour market and develop sectors which are both more advanced as well as labour intensive. Despite the negative impact of trade on labour in general, it is found that trade does differ by direction and that for each labour type there are certain blocs where labour demand is positive. This is also the case in net trade for particular sectors. Such information could be used as part of a targeted trade policy to assist in the marketing of particular sectors in trade and also for increasing labour demand for certain labour groups.
  • Full Text:
  • Date Issued: 2005

Deepen the strategic relationship between the SACP and COSATU, with and for the workers and the poor

Coloured labour relations and political organisation: past developments and a scenario

  • Authors: Natherson, R
  • Date: 1988-11
  • Subjects: Industrial relations -- South Africa , South Africa -- Race relations , South Africa -- Politics and government -- 20th century
  • Language: English
  • Type: text , book
  • Identifier: http://hdl.handle.net/10962/66392 , vital:28944 , ISBN 0797202048
  • Description: The rise and development of ‘Coloured’ labour relations and political organisations form the central theme of this study. These two areas of South African contemporary history have received comparatively little attention for a number of reasons. Not the least of these is the controversial issue of whether or not it is justifiable or accurate to treat ‘Coloureds’ as a separate and identifiable group apart from the black majority. The term ‘Coloured’ as used in the South African context refers to those people often described in other societies as of mixed race, mulattos or half-castes. Within this study the term ‘Coloured with a capital C and hereafter without apostrophes is used to avoid confusion with ‘coloured1 meaning black. Black is used in the general sense of all those people not being White. The impact of organized Coloured politics, however, has been greater than their minority status would suggest, especially in the Cape, and in particular in the Western Cape, where most of the people described as Coloured live. When Coloured political mobilization started in the 1890’s, it centered in Cape Town. The founding of the first successful Coloured political movement, the African Political Organization (APO), marked the start of successful black political mobilization on a national scale in South Africa. Other Coloured organisations which emerged after the APO made important contributions to the tactics and ideologies of Black political leaders. Coloured intellectuals in the 1940’s propagated the principle of non-collaboration with segregatory political institutions, implemented through the tactic of the boycott, a strategy employed to good effect by contemporary Black organisations. This study is divided into three main sections. Chapters 1 and 2 trace the origins of the labour history in which past and present day developments in the industrial relations system can be viewed in relation to the political, industrial and economic systems that have evolved within South Africa since the occupation of the Western Cape by the Dutch in 1652. The initial contact between these Europeans and the indigenous inhabitants of the Cape developed a relationship which determined the pattern of interaction between Black and White South Africans the major traces of which have still remained until today. Chapters 3, 4 and 5 deal with the early history of the Coloured people, their industrial and political organisations prior to the watershed year of South African Industrial Relations, 1979, whereafter a more generalised view is adopted in order to trace the broad trends which have emerged with the new labour dispensation and its industrial enfranchisement of the Black worker. The remaining chapters concentrate on Coloured participation within the Industrial and Political arenas, particularly in the Western Cape, and offer substantiation for the postulate of a new political grouping based on socialist principles and having a similar trend in terms of its origins to that of the British Labour Party at its birth at the turn of this century. It is concluded that this grouping would be a natural home for the ‘stateless’ Coloured, and ideologically and politically would offer coherence and structure to the disparate groupings within the United Democratic Front (UDF) and form the most potential, Western Cape based political party ‘in waiting'. , This occasional paper is based on the technical report which received the Finansbank award for 1987
  • Full Text:
  • Date Issued: 1988-11
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