Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - South Africa (Ratification: 1996)

Other comments on C087

Observation

Direct Request

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The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, referring to the matters addressed below.

Trade union rights and civil liberties. Allegations of violent repression of strike actions and arrests of striking workers.The Committee had previously requested the Government to reply to the 2015 ITUC observations, pertaining to the arrest of 100 community health striking workers in July 2014 and the killing, in January 2014, of a union steward of the Association of Mineworkers and Construction Union (AMCU) and to communicate the results of the investigation regarding the death of that union steward. The Committee notes the Government’s indication that the observation has been communicated to the Independent Police Investigative Directorate (IPID), which has yet to respond to the denunciations. The Government indicates that it will submit the IPID report as soon as it becomes available. Considering the years that have passed since the submission of the ITUC observations, the Committee firmly urges the Government to take all necessary measures with a view to expediting the process of investigation and requests the Government to inform it of the findings.

The Committee notes that in its most recent observations, the ITUC alleges that strike actions in South Africa are often met with intimidation and anti-union dismissals with violence and arrests and refers in this respect to the assassination of a campaigner and organizer for the National Union of Metalworkers of South Africa (NUMSA), in August 2021 whilst NUMSA officials were engaging in conciliation at the Commission for Conciliation, Mediation and Arbitration (CCMA), and the killing of a member of the NUMSA in October 2021, during a protest march for a salary increase in the metal and engineering sector. According to the ITUC, the NUMSA alleges that some of its members have been attacked by the police and private security companies, and in some instances, have even been shot at, causing injuries. The ITUC further alleges that members of the South African Commercial Catering and Allied Workers Union (SACCAWU) were facing increased intimidation by their employer during protests, in particular through the use of legal notices, unpaid leaves to self-isolate for allegedly violating COVID-19 safety rules, and text messages telling workers they had been replaced. The Committee also takes note of the alleged violence, such as threats, the use of rubber bullets and petrol bomb attacks against striking dairy workers, members of the General Industries Workers Union of South Africa (GIWUSA). The Committee also notes the alleged suspension of four members of the National Emancipated and Allied Workers Union of South Africa (NEAWUSA) following a month-long strike. The Committee requests the Government to provide detailed comments on these serious allegations of violation of trade union rights and civil liberties.

The Committee notes with regret that the Government did not reply to its previous request to send copies of the Accord on Collective Bargaining and Industrial Action, the Code of Good Practice on Collective Bargaining, Industrial Action and Picketing, and Picketing Regulations, and the Labour Relations Act, as amended, and to provide detailed information on the implementation of the recommendations of the Judicial Commission of Inquiry into the events at Marikana Mine in Rustenburg. The Committee reiterates its previous request and expects the Government to transmit full particulars with its next report.

Articles 2 and 3 of the Convention. Rights of vulnerable workers to be effectively represented by their organizations. The Committee regrets that the Government did not provide a copy of the research report on the impact of the amendments of the Labour Relations Act on trade unionization of temporary employees, and also did not provide information on any developments regarding the Government’s interventions to address difficulties in the exercise of the right to organize by farmworkers, including on the ITUC’s 2015 observations alleging difficulties for farmworkers to engage in legally protected industrial action. The Committee reiterates its previous request and expects the Government to transmit full particulars in this respect with its next report.

[The Government is asked to reply in full to the present comments in 2023].