Amendments to the labour relations act to curb violent and intractable strikes
- Authors: Mafa, Bonolo
- Date: 2022-12
- Subjects: labour union , Violence , Labour law
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/59841 , vital:62447
- Description: Since the dawn of South Africa’s constitutional democracy, the right to strike has been protected. It is perceived to be fundamental to orderly collective bargaining and the courts have stressed the need to ensure that it is not unjustifiably limited or undermined. In the collective bargaining process, employers and employees have mechanisms at their disposal and a power-play ensues. One such mechanism, for striking employees, is to withhold their labour in an effort to compel employers to succumb to their demands. Newspaper articles and the jurisprudence that has emerged from the courts illustrate that strike-related violence has become a destructive feature of industrial action.[1] Not only are strikes destructive to the economy but they are often associated with violence. The courts have been inundated with claims seeking to interdict violent and protracted strikes. While many commentators are of the view that strike violence is a result of underlying socio-economic issues, which should be addressed by the government, employers and the general public often bear the brunt of the destruction and mayhem left in the wake of violent strikes. In the wake of one of the worst tragedies, the Marikana massacre, which saw 32 striking miners shot and killed when police opened fire at Lonmin's operations in the Northwest province, the South African government, organised labour, and employers were compelled to take swift action to address the deficiencies that existed when it came to the constitutionally entrenched right to strike. The Labour Relations Amendment Act 8 of 2018 seeks to address this. Whilst some of the provisions introduced by the amendments have been the subject matter of litigation resulting in progressive judgments, other provisions are yet to be judicially tested. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2022
- Full Text:
- Date Issued: 2022-12
- Authors: Mafa, Bonolo
- Date: 2022-12
- Subjects: labour union , Violence , Labour law
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/59841 , vital:62447
- Description: Since the dawn of South Africa’s constitutional democracy, the right to strike has been protected. It is perceived to be fundamental to orderly collective bargaining and the courts have stressed the need to ensure that it is not unjustifiably limited or undermined. In the collective bargaining process, employers and employees have mechanisms at their disposal and a power-play ensues. One such mechanism, for striking employees, is to withhold their labour in an effort to compel employers to succumb to their demands. Newspaper articles and the jurisprudence that has emerged from the courts illustrate that strike-related violence has become a destructive feature of industrial action.[1] Not only are strikes destructive to the economy but they are often associated with violence. The courts have been inundated with claims seeking to interdict violent and protracted strikes. While many commentators are of the view that strike violence is a result of underlying socio-economic issues, which should be addressed by the government, employers and the general public often bear the brunt of the destruction and mayhem left in the wake of violent strikes. In the wake of one of the worst tragedies, the Marikana massacre, which saw 32 striking miners shot and killed when police opened fire at Lonmin's operations in the Northwest province, the South African government, organised labour, and employers were compelled to take swift action to address the deficiencies that existed when it came to the constitutionally entrenched right to strike. The Labour Relations Amendment Act 8 of 2018 seeks to address this. Whilst some of the provisions introduced by the amendments have been the subject matter of litigation resulting in progressive judgments, other provisions are yet to be judicially tested. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2022
- Full Text:
- Date Issued: 2022-12
The anatomy of violent service delivery protest with a specific reference to Walmer township, Nelson Mandela Bay Municipality (NMBM), Eastern Cape Province (2012-2015)
- Authors: Nomarwayi, Thandolwethu
- Date: 2019-04
- Subjects: Protest movements -- South Africa -- Eastern Cape , Municipal services -- South Africa -- Eastern Cape , Violence
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/69582 , vital:77934
- Description: Since 2004, and even before that, the gains of developmental local government in South Africa have been stunted by violence linked to the lack or poor service delivery at local government level. Generally, there are many factors identified in the literature and empirical studies which are causing the escalation of these protest actions and these are: demarcation of local municipalities, lack of community trust between local residents and local authorities (in particular councilors), corruption, cadre deployment and maladministration among other things. This collective behavior, underpinned by violence led to the ungovernability of the local sphere in post-apartheid South Africa. These protest actions also known as ‘rebellion of the poor’ are often characterized by criminal activities particularly targeted towards foreign nationals. This study aims to explore, explain and describe violence during protest actions associated with lack of service delivery at local government level in SA with specific reference to Walmer Township, Nelson Mandela Bay Municipality (NMBM), Eastern Cape Province; from 2012 to 2015. Although protest actions erupted in Walmer Township in 2017, these protests were not about basic service delivery but the closure of a local police station which led to an increase of criminal activities especially against women. The study uses the theoretical lenses of frustration-aggression theory, resource mobilisation theory, relative deprivation theory, conflict theory, social identity theory and human needs theory to explore, explain and describe the phenomenon under investigation. This study has used a qualitative-dominant mixed methods approach, in which both qualitative and quantitative methods were used to answer the research questions and address its problem statement. Qualitative data was collected by using focus group interviews, participant observations and face-to-face interviews, while quantitative data was collected through a survey by using a questionnaire. The main findings of this study show that, firstly, masculinity and gender influenced by culture played a significant role in determining who should participate or participated in service delivery protests. Secondly, people are not naturally violent but violence during service delivery protests is caused by the slow-pace of service delivery in poor communities. Thirdly, violence is seen as the very last option to express dissatisfaction about service delivery after the non-violent techniques have been applied but failed. Small Micro and Medium Enterprises (SMMEs) have ulterior motives and played a central role in prompting protest actions to capture the municipal resources (municipal capture’) to enrich themselves through tender systems and community projects. The majority of the protesters reside in the informal settlements where poverty and unemployment is very high. In this study it was revealed that, there are also criminal activities which occurred during protest actions; for example, the looting of Spaza shops owned by foreign nationals. Finally, community leaders played a pivotal role in organising and mobilising people for service delivery protest, and they seem to be more trusted and have a good relationship with the people compared to ward councilor who is ‘aloof’ and ‘disconnected’. At a policy level, this study shows that people have no knowledge of policies related to service delivery at local government level. The study makes a significant contribution to masculinity, gender, culture and socio-economic and political landscapes within the disciplines of Politics and Conflict both in local and international scholarship. , Thesis (PhD) -- Faculty of Humanities, School of Governmental and Social Sciences, 2019
- Full Text:
- Date Issued: 2019-04
- Authors: Nomarwayi, Thandolwethu
- Date: 2019-04
- Subjects: Protest movements -- South Africa -- Eastern Cape , Municipal services -- South Africa -- Eastern Cape , Violence
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/69582 , vital:77934
- Description: Since 2004, and even before that, the gains of developmental local government in South Africa have been stunted by violence linked to the lack or poor service delivery at local government level. Generally, there are many factors identified in the literature and empirical studies which are causing the escalation of these protest actions and these are: demarcation of local municipalities, lack of community trust between local residents and local authorities (in particular councilors), corruption, cadre deployment and maladministration among other things. This collective behavior, underpinned by violence led to the ungovernability of the local sphere in post-apartheid South Africa. These protest actions also known as ‘rebellion of the poor’ are often characterized by criminal activities particularly targeted towards foreign nationals. This study aims to explore, explain and describe violence during protest actions associated with lack of service delivery at local government level in SA with specific reference to Walmer Township, Nelson Mandela Bay Municipality (NMBM), Eastern Cape Province; from 2012 to 2015. Although protest actions erupted in Walmer Township in 2017, these protests were not about basic service delivery but the closure of a local police station which led to an increase of criminal activities especially against women. The study uses the theoretical lenses of frustration-aggression theory, resource mobilisation theory, relative deprivation theory, conflict theory, social identity theory and human needs theory to explore, explain and describe the phenomenon under investigation. This study has used a qualitative-dominant mixed methods approach, in which both qualitative and quantitative methods were used to answer the research questions and address its problem statement. Qualitative data was collected by using focus group interviews, participant observations and face-to-face interviews, while quantitative data was collected through a survey by using a questionnaire. The main findings of this study show that, firstly, masculinity and gender influenced by culture played a significant role in determining who should participate or participated in service delivery protests. Secondly, people are not naturally violent but violence during service delivery protests is caused by the slow-pace of service delivery in poor communities. Thirdly, violence is seen as the very last option to express dissatisfaction about service delivery after the non-violent techniques have been applied but failed. Small Micro and Medium Enterprises (SMMEs) have ulterior motives and played a central role in prompting protest actions to capture the municipal resources (municipal capture’) to enrich themselves through tender systems and community projects. The majority of the protesters reside in the informal settlements where poverty and unemployment is very high. In this study it was revealed that, there are also criminal activities which occurred during protest actions; for example, the looting of Spaza shops owned by foreign nationals. Finally, community leaders played a pivotal role in organising and mobilising people for service delivery protest, and they seem to be more trusted and have a good relationship with the people compared to ward councilor who is ‘aloof’ and ‘disconnected’. At a policy level, this study shows that people have no knowledge of policies related to service delivery at local government level. The study makes a significant contribution to masculinity, gender, culture and socio-economic and political landscapes within the disciplines of Politics and Conflict both in local and international scholarship. , Thesis (PhD) -- Faculty of Humanities, School of Governmental and Social Sciences, 2019
- Full Text:
- Date Issued: 2019-04
Africa‘s Heritage No.7: Coming to terms with Africa's heritage
- Authors: Tracey, Hugh
- Subjects: African , Heritage , Violence , Robbery , Ineptitude , Prejudice , Demagogue , Defensive , Political , Newspapers , Ambitions , Resilience , Magic , Charm , Witchcraft , Values , Singing , Clapping , Divination songs , Xhosa , Traditional costume , Sangoma , Durban , Johannesburg , Mai Mai , Herbs , Ilulwane , Lagos , Nigeria , Shakespear , Macbeth , Bantu , Scientific knowledge , Empirical knowledge , Valid , Evidence , Rattles , Panpipes , Vasco da Gama , Paintings , Dance , Recordings , Zulu , Wars , History , Kalahari Dessert , Topographical heritage , Karanga , Sandawana , Portuguese , Explorers , National Parks
- Language: English
- Type: Sound , Radio broadcast , Music
- Identifier: vital:15115 , BC133 , http://hdl.handle.net/10962/d1011524 , Reel number: BC133
- Description: 7th programme in the ‘Africa‘s Heritage‘ Series, broadcast by the South African Broadcasting Corporation , For further details refer to the ILAM Document Collection: Hugh Tracey Broadcasts
- Full Text: false
- Authors: Tracey, Hugh
- Subjects: African , Heritage , Violence , Robbery , Ineptitude , Prejudice , Demagogue , Defensive , Political , Newspapers , Ambitions , Resilience , Magic , Charm , Witchcraft , Values , Singing , Clapping , Divination songs , Xhosa , Traditional costume , Sangoma , Durban , Johannesburg , Mai Mai , Herbs , Ilulwane , Lagos , Nigeria , Shakespear , Macbeth , Bantu , Scientific knowledge , Empirical knowledge , Valid , Evidence , Rattles , Panpipes , Vasco da Gama , Paintings , Dance , Recordings , Zulu , Wars , History , Kalahari Dessert , Topographical heritage , Karanga , Sandawana , Portuguese , Explorers , National Parks
- Language: English
- Type: Sound , Radio broadcast , Music
- Identifier: vital:15115 , BC133 , http://hdl.handle.net/10962/d1011524 , Reel number: BC133
- Description: 7th programme in the ‘Africa‘s Heritage‘ Series, broadcast by the South African Broadcasting Corporation , For further details refer to the ILAM Document Collection: Hugh Tracey Broadcasts
- Full Text: false
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