scholarly journals Post-1994 labour legislations: An overview of influence on employment relations in emerging markets

2020 ◽  
Vol 9 (4) ◽  
pp. 94-105
Author(s):  
David Isaac Ntimba ◽  
Karel Frederick Lessing ◽  
Ilze Swarts
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Employment Relations ◽  
Workplace Relationships ◽  
The South ◽  
New Era ◽  
Role Players ◽  
African Perspective ◽  
Labour Legislation

The purpose of this paper is to provide an overview of the primary labour legislation that was promulgated after the democratization of South Africa after 1994. These legislations were introduced as regulatory and corrective measures for workplace relationships in work organizations (Booysen, 2005; Vettori, 2018). The data for this paper was collected through the perusal of scientific journals, newspaper articles, published/unpublished dissertations and theses, textbooks, and other relevant informative documents. The significant and influential role, which these labour legislations played in the development of a new era of employment relations in South Africa, cannot be overstated. The South African perspective of employment relations is also presented and discussed in this paper to reveal its nature and its role-players, such as the state, trade unions, and employers’ organizations (Ehlers & Jordaan, 2016; Smith & Diedericks, 2016). The workplace relationship between employers (through their management) and employees (through their trade unions), and the effects which such an antagonistic relationship has had on the South African labour market are also addressed (Finnemore & Koekemoer, 2018). The main finding of this paper is that there has been an improvement in workplace relationships, since the implementation of the post-1994 labour legislation although such improvement has been gradual.

scholarly journals Legislation and employment relations in South Africa: A narrative overview of workplace dispute

2015 ◽  
Vol 4 (4) ◽  
pp. 167-177
Author(s):  
Shadrack Themba Mzangwa
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
The State ◽  
Employment Relations ◽  
The World ◽  
Integral Role ◽  
Disciplinary Procedures ◽  
African Perspective ◽  
Legislative Measures

This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the South African perspective. South Africa is one of the unionised countries in the world and the involvement of trade unions in resolving disputes including grievances and disciplinary matters is crucial. Trade unions, employers’ organisations and the state play an integral role in employment relations. Unions represent their members during dispute proceedings at various institutions where they (trade unions) are recognised. The country’s statutory measures must always be adhered-to in the handling of grievances and disciplinary procedures. The author relates the manner in which grievances and disciplinary proceedings are handled in a unionised workplace environment.

scholarly journals The Different Worlds of Labour and Company Law: Truth or Myth?

2017 ◽  
Vol 17 (5) ◽  
pp. 2103
Author(s):  
Monray Marsellus Botha
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Employee Participation ◽  
Company Law ◽  
Major Influence ◽  
The South ◽  
Labour Law ◽  
Bottom Line ◽  
Role Players

Recently the South African company law landscape underwent a dramatic overhaul with the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance. It is clear that companies are no longer accountable just to their shareholders but also to society at large. Leaders should, for example, direct company strategies and operations with a view to achieving the triple bottom-line (economic, social and environmental performance) and should thus also manage the business in a sustainable manner. An important question in company law still today is in whose interest the company should be managed. Different stakeholders of importance to companies include shareholders, managers, employees, creditors etcetera. The Companies Act aims to balance the rights and obligations of shareholders and directors within companies, and it encourages the efficient and responsible management of companies. When considering the role of employees in corporations it must be noted that the Constitution grants every person a fundamental right to fair labour practices. Social as well as political changes were evident after South Africa's re-entering the world stage in the 1990s. Changes in socio-economic conditions within a developing country were also evident. These changes had a major influence on the South African labour law dispensation. Like company law, labour law is to a large extent also codified. Like company law, no precise definition of labour law exists. It is clear from the various definitions of labour law that it covers both the individual and collective labour law and that various role-players are involved. Some of these role-players include trade unions, employers/companies, employees, and the state. The various relationships between these parties are ultimately what will guide a certain outcome if there is a power play between them. In 1995 the South African labour market was transformed with the introduction of the Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and transformation of the workplace are central issues in South African labour law. This is due to the constitutional changes that have taken place in South Africa, where the protection of human rights and the democratisation of the workplace are advanced. Before the enactment of the LRA, employee participation and voice was a much-debated topic not only locally but also internationally. It is therefore essential when considering employee participation to take due cognisance of both the labour and company law principles that may be pertinent, as well as the need for workers to have a voice in the workplace and for employers to manage their corporations. This article will attempt to indicate how the different functions, theories and models of labour and company law accommodate and promote the interests of employees in corporations and will also attempt to reconcile these differences.

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

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.

scholarly journals Accounting practitioners’ views on the proposed “Micro GAAP”: A South African perspective

2011 ◽  
Vol 4 (2) ◽  
pp. 257-274 ◽  
Author(s):  
Hentie A. Van Wyk ◽  
Cobus Rossouw
Keyword(s):  
South Africa ◽  
South African ◽  
Financial Reporting ◽  
Financial Statements ◽  
General Purpose ◽  
The South ◽  
Reporting Framework ◽  
Accounting Practitioners ◽  
African Perspective

Even though the IFRS for SMEs does provide some relief in respect of the financial reporting burden for non-public entities, there still seems to be a need for an even lower level of financial reporting. In recent years South Africa embarked upon the development of a financial reporting framework for non-public entities and various versions of this so-called micro GAAP have been issued. However, the Accounting Practices Board raised some concerns about the then proposed micro GAAP. This article highlights the South African accounting practitioners’ views from different professional bodies on micro GAAP. They generally believe that micro GAAP will represent fair presentation and that the financial statements prepared under micro GAAP can still be regarded as general purpose financial statements. Furthermore, the majority of accounting practitioners believe that there is a definite need for a third tier of financial reporting in South Africa and indicated their preference of which entities may apply micro GAAP. Legal backing of micro GAAP is also considered appropriate by the practitioners.

scholarly journals The comparability of the constructs of the 16PF in the South African context

1999 ◽  
Vol 25 (1) ◽  
Author(s):  
F. Abrahams ◽  
K. F. Mauer
Keyword(s):  
South Africa ◽  
South African ◽  
Statistical Methods ◽  
Field Work ◽  
Descriptive Statistics ◽  
South African Context ◽  
Considerable Influence ◽  
The South ◽  
African Context ◽  
Labour Legislation

The primary aims of the study were to determine whether the scores of the 16PF (SA92) are comparable in a crosscultural setting in South Africa, and also to investigate the influence of the gender of the research participants on the scores of the 16PF (SA92). The sample consisted of 983 students who were enrolled at different universities at the time of the field work. The statistical methods involved the application of descriptive statistics as well as methods to determine the comparability of the constructs. The results showed that although race exercised a considerable influence on the findings, this was not necessarily the case as far as gender was concerned. The presence of problems relating to the construct comparability of the test were also identified, as significant differences in means were found between the different race groups. Some of the implications of persisting with the use of the 16PF (SA92) in the South African context are outlined against the background of recently promulgated labour legislation. Opsomming Die primere doelstellings met die onderhawige studie was om die toepaslikheid van die 16PF (SA92) in Suid Afrikaanse konteks met sy diversiteit van kultuurgroepe te evalueer. Die invloed van die geslag van die navorsingsdeelnembers op die resultate is ook nagevors. Die deelnemergroep het bestaan uit 983 studente wat ten tye van die veldwerk aan verskillende universiteite gestudeer het. Benewens normale beskrywende statistiek, is daar ook gebruik gemaak van metodes om konstrukvergelykbaarheid te evalueer. Die bevindings het daarop gedui dat alhoewel ras 'n belangrike invloede op die toetsfaktore uitoefen, dit nie die geval is in soverre dit geslag betref nie. Die teenwoordigheid van probleme het ook ten opsigte van konstrukvergelykbaarheid na vore getree, aangesien betekenis voile verskille tussen gemiddeldes gevind is. Sommige van die implikasies van die volgehoue gebruik van die 16PF (SA92) in Suid Afrika word ook in die lig van die resente arbeidswetgewing bespreek.

scholarly journals Postsecular democracy and the reign of God: Reading Habermas and Moltmann in South Africa

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
Wessel Bentley
Keyword(s):  
South Africa ◽  
South African ◽  
African Culture ◽  
The South ◽  
History And Memory ◽  
Culture History ◽  
Participatory Citizenship ◽  
African Perspective ◽  
Political Model ◽  
Reign Of God

Governed by a liberal constitution, the South African democratic project is progressively finding its own identity. Being a democracy in Africa has unique challenges, as this system of governance needs to be contextualised by integrating African culture, history and memory into a political model which will promote sustainable participatory citizenship. This article engages, from a South African perspective, Habermas’ model of a postsecular democracy and Moltmann’s understanding of ‘Reich Gottes’ in Ethics of Hope. This article proposes an integrated relationship between responsible citizenship (Habermas’ postsecular democracy) and a Christian social conscience (Moltmann’s ‘Reign of God’)1for the South African context.Postsekulêre demokrasie en die koninkryk van God: in gesprek met Habermas en Moltmann vanuit ’n Suid-Afrikaanse perspektief. Die Suid-Afrikaanse demokrasie wat gegrond is op ’n liberale grondwet, is geleidelik besig om ’n eie identiteit te vind. Demokrasie in Afrika ervaar unieke uitdagings en moet derhalwe gekontekstualiseer word deur die Afrikakultuur, geskiedenis en geheue in ’n politieke model te inkorporeer wat beoog om houdbare en deelnemende burgerskap te bevorder. Hierdie artikel tree vanuit ’n Suid Afrikaanse perspektief in gesprek met Habermas se model oor postsekulêre demokrasie sowel as met Moltmann se verstaan van ‘Reich Gottes’ in Ethics of Hope. ’n Geïntegreerde verhouding tussen verantwoordelike burgerskap (Habermas se postsekulêre demokrasie) en ’n Christelike sosiale gewete (Moltmann se ‘Koninkryk van God‘) binne die Suid-Afrikaanse konteks word derhalwe deur hierdie artikel ondersteun.

scholarly journals The "Double-edged Sword" of Institutional Power: COSATU, Neo-liberalisation and the Right to Strike

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Carin Runciman
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Analytical Framework ◽  
The South ◽  
Labour Relations ◽  
Institutional Power ◽  
Power Resources ◽  
Legal Provisions ◽  
The Right

On 1 January 2019 amendments to the Labour Relations Act came into force that significantly altered and curtailed the right to protected strike action in South Africa. Internationally, the right to strike has been eroded in recent years with many countries adopting legal provisions that violate the International Labour Organization’s principles. Comparatively, the rights of South African workers to go on protected strikes remain better than many other places in the world, a reflection of the militant history of the South African labour movement. But the erosion of these rights, with the active support of the Congress of South African Trade Unions, should be a cause for concern for activists and labour scholars in South Africa and beyond. This article develops the Power Resources Approach to consider how union institutional power has entrenched neo-liberalism in South Africa. Grounding the analysis of institutional power within the analytical framework of corporatism allows this article to develop an analysis of institutional power that is attentive to class forces. This provides an avenue for understanding the “double-edged sword” of institutional power in the South African context in order to comprehend when and under what circumstances trade unions advance and defend the interests of the working class and when they defend those of capital.  KEY WORDS: labour; neo-liberalism; institutional power; corporatism; South Africa

scholarly journals A South African perspective on mutual legal assistance and extradition in a globalized world

2017 ◽  
Vol 15 (2) ◽  
pp. 291
Author(s):  
Murdoch Watney
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
South African ◽  
International Criminal ◽  
Legal Assistance ◽  
The South ◽  
Mutual Legal Assistance ◽  
African Perspective ◽  
Criminal Conduct ◽  
Globalized World

This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime) is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state) to apply to another state (requested state) for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the demands of sophisticated international criminal conduct. Mutual legal assistance and extradition provisions may show that the world is becoming smaller for fugitives and criminals, but the processes are far from expeditious and seamless. An overview of the South African law pertaining to mutual legal assistance and extradition indicates that the South African legislative framework and policies as well as international treaties make sufficient provision to render international assistance in respect of mutual legal assistance and extradition. The role of the courts in upholding the rule of law and protecting the constitutionally enshrined bill of rights, is indicative of the important function that the judiciary fulfills in this regard. It is important that extradition is not only seen as the function of the executive as it also involves the judiciary. It appears that South Africa has displayed the necessary commitment to normalize its international position since 1994 and to fulfill its obligations in a globalized world by reaching across borders in an attempt to address international criminal conduct.

scholarly journals Disaster management and humanitarian logistics – A South African perspective

2011 ◽  
Vol 5 (1) ◽  
Author(s):  
Wilna L. Bean ◽  
Nadia M. Viljoen ◽  
Hans W. Ittmann ◽  
Elza Kekana
Keyword(s):  
South Africa ◽  
South African ◽  
Large Scale ◽  
Critical Role ◽  
Humanitarian Logistics ◽  
Future Research ◽  
The South ◽  
Management Context ◽  
African Perspective ◽  
The Impact

Disasters are becoming an unavoidable part of everyday life throughout the world, including South Africa. Even though South Africa is not a country affected by large-scale disasters such as earthquakes, the impact of disasters in South Africa is aggravated significantly by the vulnerability of people living in informal settlements. Humanitarian logistics, as a ‘new’ sub-field in the supply chain management context, has developed significantly recently to assist in disaster situations. This paper provides an overview of the South African humanitarian logistics context. Even though humanitarian logistics plays a critical role in the aftermath of disasters, it extends far beyond events that can typically be classified as ‘disasters’. Therefore the implication of the South African humanitarian logistics context on future research and collaboration opportunities in South African humanitarian logistics is also discussed. Finally, two recent case studies in the South African humanitarian logistics environment are discussed.

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