Historical Overview of South Africa’s Industrial Relations

1. INRODUCTION South Africa reflects a diverse country, rich in history and encourages â€Å"ubuntu†. This philosophy encompasses the spirit of community which summarises the extent to which everyone is connected to one another. However controversial issues were prevalent during South Africa’s industrial relations history. Issues which stood out were Apartheid; which segregated the South African society by race and class, as well as political and labour conflict were also highly controversial issues during the past. South Africa’s industrial relations history and workers rights is complex.Therefore it is necessary to view South Africa’s industrial relations in terms of an industrial evolution and economic overview in order to fully grasp it effectively. As understanding South Africa’s industrial historical significance is crucial as it ultimately shaped the labour laws which currently exist. This essay will investigate the historical overview of Sou th Africa’s industrial relations highlighting the most significant events which occurred within South Africa’s industrial history, in particular, the hey-day of the Apartheid era (1949-1973).The focus on this particular period will demonstrate the significance and impact it had on labour legislation and the industrial relations system in South Africa at that time. The National Party (NP), a new party within the South African government in 1948, institutionalised Apartheid as a central plank of South African government policy(Van Den Bergh& van Niekerk, 2009:55). Yet in the same year the Universal Declaration of Human Rights was formed by the United Nations General Assembly.Even though South Africa was a United Nations member they continued to pursue their newly institutionalised government policy, Apartheid. The international community made efforts to persuade the South African government to adhere to the Universal Declaration of Human Rights but their efforts were ign ored. During the Apartheid era the National Party used its repressive legislation to legally enforce racial segregation. This was an attempt to protect the minority which existed in South Africa, white South Africans. Government had to find ways to handle the conflict.Hence the use of labour laws as controls mechanisms by government. 2. HISTORICAL OVERVIEW OF INDUSTRIAL RELATIONS IN SOUTH AFRICA There were key events which occurred during the hey-day of the Apartheid era (1949-1973) which were highly significant. Labour laws, a popular control mechanism during Apartheid were heavily influenced by the events which took place during this period. These key events include the following: 2. 1 BOTHA COMMISSION OF 1953 Soon after the National Party came into power, the Botha Commission was introduced.The purpose of the Botha Commission was to investigate existing labour legislation at that time. The Commission was introduced with the intension that it would outline the establishment of Apa rtheid in the working environment and continue the suppression of black people (van den Bergh& van Niekerk, 2009:64). 2. 1. 1 The significance the Botha Commission of 1953 The Botha Commission was a significant as it purely focused on labour relations matters in South Africa at that time. This was crucial as South Africa was experiencing harsh economic conditions.During the early days of Apartheid there was generally dissatisfaction among South Africans of all races. This was mainly due to the fact that jobs were scarce, and there was a high influx of black people in urban areas which caused unrest in the townships (Bendix, 2010:68). Therefore the Commission argued that if black people were able to have party representation it would ultimately lead to equality amongst races within South Africa. However this went completely against what the government believed. If government followed through with what the commission recommended it would be putting the white superiority at risk. . 1. 2 The impact the Botha Commission had on labour legislation in South Africa The government ignored the Botha Commissions recommendations which included freedom of association and trade union rights. Therefore government passed two labour legislations to give effect to the Botha Commission. Firstly, to reinforce the governments Apartheid policy the Industrial Conciliation Act was passed. The Act was the final part to the government’s racially exclusive industrial system. The Act established racial divisions amongst workers which meant that there could not be trade unions which represented a variety of races.In addition trade unions with a variety of races had to divide their members by race then locate them in different trade unions according to their race. Furthermore certain work was reserved exclusively for workers of a particular race. This was known as job reservation. This meant labour market was being manipulated in such as a way that advanced white people in order to m aintain their supremacy. Secondly, government went against the recommendation that stated that black workers should be allowed regulation of rights. Government believed that this would encourage black trade unions.Therefore they implemented the Native Labour of disputes Act No. 48 of 1953. Later the Act was name changed to the Bantu Labour of Disputes Act. This Act ultimately aimed at prohibiting strike action by black workers. It repealed the War Measure 145; which banned black workers from taking part in strike action. In this way black workers had no way to resist the demands laid down by employers. 2. 1. 2 The role players to the labour relationship and their respective roles The specific role players who played a part in the Botha Commission included the following: 2. 1. 2. 1 The StateThe State is referred to as a self-governing political entity. In this case the South African State consisted of the National Party. The State facilitates the employment relationship between emplo yers and employees. The state is also regarded as the employer. In this case the state had to improve the economy as job was scarce. The government had to use the recommendations of the Botha Commission to improve the labour relations situation at that time. The Commission’s recommended that if black workers were granted representation of black workers in trade unions equality amongst races would take place.Government did not agree with this. However the Commission recommended separate bargaining councils for black workers, but made it clear that recognition of black trade unions should be under strict conditions. 2. 1. 2. 2 Employers The employers in this case the employers of concern was those who employed black workers. The employers lately had the attitude that if workers obeyed the rule and their demands they would take care of them appropriately. 2. 1. 2. 3 Employees Black workers were the employees of concern during the establishment of the Botha Commission.Due to stri ct conditions on trade unions and the banning of strikes employees had to obey and abide with what the employers wanted from them. 2. 1. 3 The approaches used in the employment relationship The approach used by the role players in the labour relationship determines the way in which the labour relationship takes place. 2. 1. 3. 1 Unitary Approach During the time period of the conception of the Botha Commission trade unions were viewed as trouble makers by government and employers. Therefore trade unions were limited in the way in which they could represent workers.As employers wanted employers to just abide to their demands and employees believed they had no rights they went along with what managers expected. Jobs was also scarce therefore going against employers could of led to their dismissal. Therefore trade unions involvement was seen as unnecessary. 2. 2 SHARPEVILLE MASSACRE 1960 On the 21 March 1960 masses of black people gathered at local police station, without their passes. Passes were compulsory for black people during this time and failure to carrying it was considered illegal. Protesters chanted and challenged neither police to arrest them for nor carrying their passes.The purpose of the protest was to demonstrate against pass laws. The march was coordinated by Pac. The protest was planned to be a non-violent protest that was planned to last five days starting from the 21st of March 1960. However the events on that day led to police firing on the crowd, killing 69 unarmed protesters and injuring hundreds. 2. 2. 1 The significance of Sharpeville Massacre 1960 The event sparked a major turning point in South Africa history. The Sharpeville Massacre as this day is known as received international coverage and the world was left shocked. There the world condemned the happenings in South Africa at that time.South Africa’s exclusion from the British Commonwealth 1961 marked the first diplomatic defeat against the Apartheid government. The government justified their actions by the possibility of black violence that could have sparked. South Africa was later sanctioned. The event was the reason public meetings were banned after that dreadful day, the 24th March 1960. On the 8th of April 1960 the ANC and PAC was banned and a State of Emergency was declared. 2. 1. 2 The impact Sharpeville Massacre had on labour legislation in South Africa The Suppression Act passed in the 1950’s was replaced by the Internal Security Act No. 4. The act defined communism as any policie aimed at brings about political, industrial, social and economical change in a union. It was evident that the Act was very broad. In 1960 the Unlawful Act No. 24 resulted in the ANC being banned. THE Suppression Act was then as a result of the happenings of the Sharpeville Massacre tightened. The Bantu Regulations Act No. 61 banned black workers from looking for employment in towns. Employers were also banned from hiring black workers unless they were employed through the State. 2. 2. 2 The role players to the labour relationship and their respective roles 2. . 2. 1 State The State in this case was the NP government. The State was responsible for the employer-employee relations. The government continued to further disadvantage black workers. This caused much tension as employers were being heavily controlled. 2. 2. 2. 2 Employers The employers had to adhere to the changes made by government. Therefore they had to adapt to the policies and labour legislations this caused tension between the private sector and public sector. 2. 2. 3 The approaches used in the employment relationship 2. 2. 3. 1 RadicalismConflict could not be resolved during this period by bargaining. Drastic measures were taken by international countries as they tried to stop the Apartheid regime. The Apartheid Government was exploiting the black workers and black people in general. The incidents that took place at Sharpeville were an example of how crimes against humanity were being made. The changes government made regarding who the employers can hire and where employers could work demonstrated the drastic steps taken by the government to keep their power and continue racial segregation. 2. 3 NATAL STRIKES 1973In 1973 bodies were being established which aimed for promotion of black workers interests. However the momentum towards dispention was mainly due to the Natal Strikes 1973. During 1973 an estimated 61 000 African and Indian workers in Natal took it upon themselves to go on strike. The strike took place in various industries and ultimately the industry was brought to a standstill. The strike began at the Coronation Brick which spread to the textile industry and later other industries as well as the Durban municipality. The strikes were purely coordinated by the workers themselves and not by any formal organisations.The workers were generally unsatisfied with their wages. This was mainly due to the fact that inflation was rapidly increasing at that time. 2. 3. 1 The significance of the Natal strikes 1973 The strikes were significant as it marked the first time workers embarked on such a large scale strike without the coordination of any formal organisations. Therefore this event demonstrated the actual power the workers possessed as a united force. This power meant that they could apply pressure on government on labour issues, such as employer-employee relations and minimum wages.Once the strikes ended black workers organised themselves into trade unions. These unions were separate from the trade unions which existed at the time. The trade unions which existed were mainly dominated by white workers. Therefore the newly formed black unions were referred to as â€Å"independent trade unions†. Although the strikes were illegal according to the labour legislation at the time, there were no arrests made. The large number of workers that participated in the strike action made it difficult for employers as well as the pol ice to punish them for their illegal strikes. . 3. 2 The impact the Natal strikes had on labour legislation in South Africa Due to the Natal strikes black workers new found power led to them being recognised as a force to be reckoned with. Therefore government responded by passing the Bantu Regulations Act of 1973. The Act was passed to regulate the procedures for establishing labour committees and disputes amongst employers and employees. This was crucial for government as the joint power of the workers put pressure on government and employers to accommodate them.The Act did not foster development of black unionism which was evident as black workers were assembled into committees created by employers and lacked bargaining power. The provisions of the Act excluded black worker in agriculture, gold and mining as well as government services. 2. 3. 2 The role players to the labour relationship and their respective roles The specific role players who played a part in the Natal strikes 1 973 were the following: 2. 3. 2. 1 Employees Employees are regarded as someone who works for someone else and in exchange receives remuneration.In this case the employees were the employees of Coronation Brick, textile industry and Durban municipality. Their roles consisted of the following: * Obedience and abiding decisions made by employer- Even though striking was illegal according to the labour legislation and they could face dismissal. These employees disregarded the law and their employer’s authority and decisions not to strike. * The assistance in the production of products- Strikes put these factories at financial risk as production was brought to a standstill. Without the employees assistance production could not take place. Participate in decision making of the organisation- Employees sought to have an opinion in matters that concerned the organisation. Yet they were refused by employers to have their say. The workers unexpected strike was the result of workers who made it known to employers and government that they are not satisfied with their wages and that they require an increase. 2. 3. 2. 2 Employers In this case the employers are the owners and management Coronation Brick and the companies that formed part of the textile industry such as Smith and Nephew Textile. Responsibility for the conduction of a successful organisation- As the factories aimed at making large profits they paid employees low wages. However the cheap labour resulted in short-term profitability. The large companies could not compete internationally as sanctions were put on South Africa and investor’s pulling out. * Coming up with strategies to deal with the Natal strikes- Various employers reacted in different ways to employees involved in the Natal strikes. These included the following: * Threatened dismissal Granted wage increases * Attempted to talk to workers and resolve the matter * Some made no attempts * Ensure growth- The industries were at a standstill which meant no production but there were still expenses. Therefore there was no growth. 2. 3. 2. 3 State The State is referred to as a self-governing political entity. In this case South African State consisted of the NP government. Their role was to regulate the employee-employer relationship as unemployment was high and wage disputes were rife. The government was to keep the economy stable.Yet inflation was increasing at a rapid pace. Government was not using labour legislation to improve the labour relations in the country at the time. Employees were not given increases even though inflation was high which further economically disadvantage black. 2. 3. 3 The approaches used in the employment relationship 2. 3. 3. 1 Radicalism Employers embarked on an unexpected illegal strike. This was a great risk as they could have been arrested. The circumstances which they were faced with led to this dramatic, unexpected decision to go on strike.Black workers were being exploited economically as they were paid extremely low wages without increase, even though inflation was rapidly on the high. Before the 1973 strikes attempts were made to solve wage issue. However this was not seen as a great priority to government. 3. CONCLUSION South Africa’s industrial relations history most significant period was the Apartheid era. It has and still influences today’s labour relations. Hence the importance of being well acquainted with the events which shaped the society we live in today.During the Apartheid era the National Party government used repressive legislation to legally enforce racial segregation. This was an attempt to protect the minority which existed in South Africa, white South Africans. There were key events during Apartheid such as the establishment of the Botha Commission, Sharpeville Massacre and the Natal strikes of 1973. Within the time periods these key events occurred white workers prospered under the rule of the National Party government whereas non-white workers were excluded. The government used the labour force to further racially divide South Africans.Therefore equality amongst the races did not exist which was their aim. However tension escalated within the country. As a result, strike action and protests soon persisted and government had to find ways to handle the conflict. Hence the use of labour laws as controls mechanisms by government. As Apartheid reached its boiling point the economy suffered and the government had to start considering the inevitable, democracy. 4. PERSONAL LEARNING REFLECTION Conducting research into South Africa labour history was a great learning experience as a Human Resource Management student and employee as well as a South African.Researching the labour history made it abundantly clear that clear that there needs to be understanding of the country’s history, in particular the labour history, not for hatred, but to avoid repetition of the imbalances of the Apartheid era. In contrast with the Apartheid government, the present government has made large strides in creating a country which exudes freedom, equality and non-discrimination. The research conducted not only gave me the opportunity to broaden my knowledge of labour history and improving my researching skills, but it gave me a new appreciation for the county’s government, laws and labour legislations.Sometimes it is easy to criticise the government, yet no thought is spared for those political figures, leaders and employees that fought for what ultimately exist today, in particular the labour laws which aim at protecting the employee. Focusing on the Apartheid era (1949-1973) I have come to understand that the labour market had fallen prey to the Apartheid government, and that we are still experiencing the effects of the Apartheid government’s actions. Labour legislations in today’s time are aimed at eradicating the imbalances of the past.Therefore as a potential Human Resource Manag er understanding the realities of what occurred and how it impacted the labour market in the past remains of curial importance. The National Party wanted supremacy yet they did not realise their actions would have major consequences. I view this as an example of how power used for greed and personal gain has tremendous consequences for all parties involved. Therefore as I have learnt these mistakes made in the past demonstrates how it can be used constructively as a point of reference when dealing with labour legislations to avoid the mistakes which were previously made by the Apartheid government.Although we do not face the same repressive laws as in Apartheid we should always aim Researching the past has made it clear that our diversity needs to be embraced, not frowned upon because we need to be united and not divided as we were in the Apartheid era. Although we do not face the same repressive laws as in Apartheid we should always make sure our diversity is represented in our lab our laws. Most importantly not being able to understand our past labour history we will not fully understand why they exist.