THE EFFECT OF LABOUR LEGISLATION IN THE PROMOTION AND INTEGRATION OF PERSONS WITH DISABILITIES IN THE LABOUR MARKET

Labour Legislation ◽

An absence of adequate legislation in South Africa resulted in inequality in the workplace and in society in general. The new constitutional democracy with a Bill of Rights intended to address this by promulgated legislation, and today the South African Constitutional and legislative provisions promoting equality are viewed as amongst the most progressive in the world. In regard to persons with disabilities, this progressive legislation, aimed to protect against discrimination, still seems to fail the very people it intended to promote and protect.The legislation created awareness of the need for equality and the right of workers to employment and to decent working conditions. The right to equality is accorded to everybody through the Constitution of South Africa. The Bill of Rights is based on the notion of equality before the law, and the prohibition of discrimination on various grounds.Despite this, the perception exists that persons with disabilities as a minority group are still being marginalized and are restricted in their right to exercise the right to participate and make a meaningful contribution to the labour market. This not only seems to be in contradiction with the constitutional right to choose an occupation, but has wider social and economic consequences. The ethos of equality legislation is to ensure that the workplace is representative of the society we live in. It is understandable that labour as a social phenomenon is not only concerned with workplace-related issues but with aspects encompassing the whole of the socio-political and economic scene.South African labour legislation promulgated over the last two decades strives to align with the conventions and recommendations of the International Labour Organisations and in terms of the obligations of South Africa as a member state. However, the question prevails: is the legislation adequate to address the discrimination and inequality experienced by persons with disability? If so, why do statistics indicate such high unemployment amongst this group? Yet, there is a growing awareness that persons with disabilities represent enormous untapped economic potential.According to the ILO report on The Right to Decent Work of Persons with Disabilities (1997), much has been accomplished in the international arena in recent years to improve the lives of disabled persons in the workplace.This article will attempt to evaluate the efficacy of South African legislation in the promotion and integration of persons with disabilities in the labour market.

Disability Discrimination and the Right of Disabled Persons to Access the Labour Market

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2012/v15i1a2467 ◽

2017 ◽

Vol 15 (1) ◽

pp. 344

Author(s):

Motseotsile Clement Marumoagae

Keyword(s):

South Africa ◽

Labour Market ◽

South African ◽

Disabled Persons ◽

Constitutional Rights ◽

Employment Equity ◽

Employment Opportunities ◽

Government Work ◽

Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. Key among such challenges has also been employers' ability to ensure that persons with disabilities access the labour market. In this paper I highlight employment discrimination experienced by persons with disabilities in South African workplaces, which often prohibits them from accessing employment opportunities. I argue that employers need to consider employing persons with disabilities and also reasonably to accommodate them within South African workplaces. I further illustrate efforts by the legislature to eradicate forms of unjustified discrimination against persons with disabilities through the enactment of the Employment Equity Act 55 of 1998. I argue that all of us need to understand how cultural, social, physical and other barriers continue to prevent persons with disabilities in South Africa from enjoying their constitutional rights to equality, freedom and human dignity, and further, that it is desirable that society at large and government work together towards eradicating barriers which prevent persons with disabilities from accessing the labour market.

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

Southern African Public Law ◽

10.25159/2522-6800/5093 ◽

2020 ◽

Vol 35 (1) ◽

Author(s):

Andre Mangu

Keyword(s):

South Africa ◽

Human Rights ◽

South African ◽

Bill Of Rights ◽

The South ◽

Legislation And Jurisprudence ◽

Foreign Nationals ◽

Lay Persons ◽

Democratic State ◽

Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2005/v8i1a2831 ◽

2017 ◽

Vol 8 (1) ◽

pp. 1

Author(s):

N Gabru

Keyword(s):

South Africa ◽

Human Rights ◽

South African ◽

Fresh Water ◽

Human Life ◽

Bill Of Rights ◽

The South ◽

Economic Rights ◽

Basic Part ◽

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

Kanun: Jurnal Undang-undang Malaysia ◽

10.37052/kanun.32(2)no6 ◽

2020 ◽

Vol 32 (2) ◽

pp. 297-319

Author(s):

Norita Azmi ◽

◽

Salawati Mat Basir

Keyword(s):

Human Rights ◽

Minority Group ◽

Disabled Persons ◽

Legal Provisions ◽

Federal Constitution ◽

Norms And Values ◽

The Disabled ◽

The Government ◽

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.

Selected Developments in South African Labour Legislation related to Persons with Disabilities

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2017/v20i0a1216 ◽

2017 ◽

Vol 20 ◽

pp. 1 ◽

Cited By ~ 1

Author(s):

Yvette Basson

Keyword(s):

South Africa ◽

South African ◽

Older Persons ◽

Labour Law ◽

Employment Equity ◽

Marginalised Groups ◽

Practical Effect ◽

The Subject ◽

Labour Legislation

In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.

The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2018/v21i0a4413 ◽

2018 ◽

Vol 21 ◽

pp. 1-34

Author(s):

Stefan Van Eck ◽

Tungamirai Kujinga

Keyword(s):

South Africa ◽

International Law ◽

South African ◽

Labour Law ◽

International Labour Organisation ◽

Labour Relations ◽

Essential Services ◽

The Republic ◽

Labour Legislation ◽

South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. Also, South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether by way of the Labour Relations Act of 1995 (hereafter the LRA) the current regulation of both the right to strike and the use of replacement labour during strikes falls within the ambits of internationally and constitutionally acceptable labour norms. Strike action constitutes a temporary and concerted withdrawal of work. On the other hand, replacement labour maintains production and undermines the effect of the withdrawal of labour. Consequently, the ILO views the appointment of strike-breakers during legal strikes in non-essential services as a violation of the right to organise and collective bargaining, and in a number of countries replacement labour is prohibited. The Constitution of the Republic of South Africa, 1996 enshrines every worker's right to strike and the LRA gives effect to this right. However, the foundation of this right is ostensibly brought into question by the LRA in as far as it permits employers to make use of replacement labour during strike action. This article investigates whether replacement labour undermines the right to strike in South Africa and considers to what extent labour legislation may be misaligned with international norms. In conclusion the research makes findings and proposes alternatives that may be considered to resolve this seemingly skewed situation.

Exploring The Incidents Of Strikes In Post-Apartheid South Africa

International Business & Economics Research Journal (IBER) ◽

10.19030/iber.v13i3.8592 ◽

2014 ◽

Vol 13 (3) ◽

pp. 553

Author(s):

Genius Murwirapachena ◽

Kin Sibanda

Keyword(s):

South Africa ◽

Labour Market ◽

South African ◽

Minimum Wage ◽

Common Phenomenon ◽

The South ◽

Labour Relations ◽

Stakeholder Relations ◽

South African Constitution ◽

Since the right to strike was recognised in the South African Constitution, strike actions have been a common phenomenon in the country. Causes of strikes in South Africa are multifaceted and their effects detrimentally catastrophic. This paper explored the incidents of strikes in post-apartheid South Africa and it analysed newspaper and other published articles to track down the occurrence, causes, and effects of strikes in South Africa. In this paper, it was established that the main causes of strike actions range from poverty, inequality, and unemployment to union rivalry and the undemocratic nature of the labour relations. It also established the effects of strike actions which are both social and economic. To achieve labour market stability, this paper recommended the democratisation of labour relations, the creation of sound stakeholder relations, turning employees into employers through indigenisation policies, and the implementation of a national minimum wage.

Victim Participation in Parole Proceedings in South Africa

Southern African Public Law ◽

10.25159/2522-6800/3690 ◽

2019 ◽

Vol 34 (1) ◽

Author(s):

Jamil Mujuzi

Keyword(s):

South Africa ◽

Criminal Justice ◽

Criminal Justice System ◽

South African ◽

Justice System ◽

Criminal Procedure ◽

Prison Inmate ◽

Parole Board ◽

Victims Of Crime ◽

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

The transition to general management in South Africa

SA Journal of Human Resource Management ◽

10.4102/sajhrm.v15i0.846 ◽

2017 ◽

Vol 15 (0) ◽

Author(s):

Stephen J. Mallaby ◽

Gavin Price ◽

Karl Hofmeyr

Keyword(s):

South Africa ◽

South African ◽

Personal Characteristics ◽

Structured Interviews ◽

General Manager ◽

General Management ◽

General Managers ◽

Managerial Implications ◽

Effective Development ◽

Orientation: Understanding the nature and challenges of making the transition from a functional role to a general management role in South African organisations.Research purpose: The objective of this study was to gain insight into the obstacles that affect the transition from functional to general management and identify steps that may be taken to overcome these challenges.Motivation for the study: One of the most difficult crossroads for a manager is making the shift from being a functional specialist to becoming a general manager. New competencies and behaviours are required, as well as a more strategic mind set. If the transition is not made successfully, the manager and the organisation suffer.Research design, approach and method: A qualitative design was used consisting of in-depth, semi-structured interviews, with 19 senior business leaders who had successfully made the transition. The interviews were used to gather insights into the challenges they faced during their transitions, and how these were overcome.Main findings: To make the transition successfully, functional managers need to gain relevant experience to prepare them for the broader scope of a general management role. They need to develop appropriate skills, attitudes and personal characteristics. Mentoring is an effective development process. Newly appointed general managers need to learn to let go of control while maintaining ownership, build relationships and strike the right balance between strategic thinking and execution. There are unique aspects of being a general manager in South Africa, such as dealing with Black Economic Empowerment and challenges of race and identity, given the country’s history.Practical and managerial implications: Specific interventions are suggested which are directed at both aspiring general managers and organisations seeking to assist middle managers to make the transition to general managers.Contribution: This study contributes to knowledge concerning the skills and attributes required by potential general managers, and the practical steps to be taken by South African organisations to facilitate the development of general managers.