Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information provided in the Government’s report. The Committee notes with interest that, according to the Government’s statement, section 9 of the Prevention of Discrimination Act No. 26 of 1997, which imposes the obligation on every employer, or person acting on behalf of such employer, to pay equal remuneration to men and women performing work of equal value, takes precedence over section 2(3) of the Equal Rights Act No. 19 of 1990 which refers to "equal remuneration for the same work or work of the same nature", which is a narrower concept than that required by the Convention. Nevertheless, the Committee hopes that Act No. 19 of 1990 will be amended to provide expressly for its precedence over the earlier Act in the event of conflict. The Committee requests information on the action taken to that end.

2. The Committee reiterates its request to the Government to indicate any measures taken or envisaged to promote and supervise the application of Act No. 26 of 1997 as it relates to equal remuneration for men and women workers performing work of equal value, including activities undertaken by the labour inspectorate and the methods used in any such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions both of Act No. 26 of 1997 and Act No. 19 of 1990.

3. Recalling the importance of the role of the social partners, the Committee requests information on any activities undertaken by employers’ and workers’ organizations to promote understanding and application of the Convention and the relevant national laws on equality.

4. With reference to its general observation of 1998, the Committee also asks the Government to provide, in its next report, any available statistical data relating to equal remuneration for women and men for work of equal value.