Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reply to the comments previously sent by the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation).

The Committee recalls that the ICFTU comments referred to acts of violence and arrests during the course of strikes and demonstrations, as well as massive dismissals of strikers in various sectors (truck drivers, toll operators, metalworkers, teachers, rural workers, public sector, etc.) in 2005.

The Committee takes due note of the detailed information provided by the Government according to which, the issue of massive dismissals was related to restructuring operations, which do not constitute an exclusively South African phenomenon and were carried out within a legal framework which provides for consultations with employees as well as conciliation/mediation facilities and the possibility to refer the matter to the Labour Court for adjudication or the Commission for Conciliation, Mediation and Arbitration (CCMA) for arbitration. Furthermore, with regard to the intervention of the police in various incidents the Government indicates that this was prompted by the commission of violent and criminal acts. The Committee takes due note of the detailed information provided by the Government on each incident mentioned by the ICFTU which indicates that police intervention was not prompted by a motive to intimidate workers but rather to uphold the law and protect property and lives. Finally, the Committee notes that the Government emphasizes that the Bill of Rights enshrined in the Constitution of the country provides that although everyone has a right to assemble, demonstrate and picket, these actions must be peaceful and unarmed; everyone has the right to life and to be free from all forms of violence from either public or private sources.