Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Trade union rights and civil liberties. Allegations of violent repression of strike actions and arrests of striking workers. In its previous comments, the Committee noted with deep regret that the Government provided no information on the findings of the investigation into the arrest of 100 community health striking workers in July 2014 and the killing of a union steward of the Association of Mineworkers and Construction Union (AMCU) in January 2014. The Committee notes the Government’s indication that the matter concerning the arrest of community health striking workers was brought before domestic courts with full consideration of the circumstances surrounding the arrests and the arguments raised by the accused, and that the judgments have been rendered. The Government indicates that it does not and did not seek to suppress the right to freedom of association and protest and that the arrests were executed under the Regulation of Gatherings Act. The Committee further notes the Government’s indication that allegations regarding police conduct are dealt with by the Independent Police Investigative Directorate (IPID). Regarding the death of the AMCU union steward, the Committee takes note of the Government’s indication that the death resulted from rivalry between workers’ organizations themselves resulting in investigations and steps taken to stabilize the situation by the Government. The Government indicates that, despite lack of cooperation, efforts were made to broker peace through the Department of Labour and institutions like the Commission for Conciliation, Mediation and Arbitration (CCMA). The Committee welcomes the Government’s indication that it has initiated consultations on institutionalizing the role of community health workers within the public health system along with their labour protections. The Committee regrets, however, that the Government does not communicate the findings of the investigations nor the copies of the relevant judgments. The Committee therefore requests the Government to provide copies of the judgments issued by its domestic courts, information on the status of the arrested workers as well as the status of investigations into the conduct of police and the death of the union steward of the AMCU, and the findings thereof. It further requests the Government to keep it informed of the progress made regarding the consultations and policy developments to strengthen the protection of community health workers.

In its previous comments, the Committee referred to the 2022 observations of the International Trade Union Confederation (ITUC) alleging that strike actions in South Africa were often met with intimidation and anti-union dismissals, violence and arrests. The ITUC alleged, in particular: (i) the assassination of a campaigner and organizer for the National Union of Metalworkers of South Africa (NUMSA) in August 2021; (ii) 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; (iii) the NUMSA allegation 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; (iv) the intimidation of South African Commercial Catering and Allied Workers Union (SACCAWU) members by employers 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; (v) the 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); and (vi) the suspension of four members of the National Emancipated and Allied Workers Union of South Africa (NEAWUSA) following a month-long strike. The Committee urged the Government to conduct a thorough investigation into the allegations and to inform it of the outcome. The Committee notes with deep regret that the Government merely indicates that any allegations of misconduct towards union workers should be formally reported to relevant bodies such as the IPID and the Private Security Industry Regulatory Authority (PSIRA) so that proper investigations can take place, and that workers are encouraged to refer such matters to courts in order for the Government to follow up. The Government indicates that it is incumbent upon workers’ organizations to ensure that acts of violations are referred to the Department of Employment and Labour, the CCMA and the Labour Court. The Committee reiterates that judicial investigations into violence against trade unionists must be conducted rapidly with a view to establishing the facts, violations and determining responsibilities, punishing the perpetrators and instigators and preventing the recurrence of such acts, and to prevent the creation, in practice, of a situation of impunity (2012 General Survey on the fundamental Conventions, para. 60). Recalling that the authorities, when informed of such matters, should systematically request information from the unions involved and carry out an immediate investigation to determine who is responsible and punish the guilty parties, the Committee firmly urges the Government to conduct a thorough investigation into the alleged instances of violation of civil liberties and trade union rights and to provide information on the outcome.

The Committee previously noted with regret that the Government had failed to provide information on the implementation of the recommendations of the Judicial Commission of Inquiry into the events at Marikana Mine in Rustenburg regarding the violent death of 34 workers during a strike action in August 2012. The Committee notes the Government’s indication that a report was tabled before the Parliament addressing the Marikana tragedy and outlining broader systemic improvements within the South African Police Service (SAPS), including: (i) enhancing training and operational protocols for public order policing; (ii) ensuring public-order units are adequately resourced and staffed with a budget aligned with their responsibilities; (iii) emphasizing de-escalation and non-lethal methods of intervention in crowd management policies; (iv) initiating upgrades in SAPS’ information and communication technology systems; and (v) the launching of a programme to address internal culture, strategic leadership realignment, integrity-driven recruitment processes for senior management and commitment to the principles of the National Development Plan. The Government further indicates that a multidisciplinary panel comprising local and international experts, was appointed to assess and guide the transformation of public order policing and delivering context-sensitive recommendations reflective of South Africa’s unique policing challenges and socio-economic landscape. Welcoming the measures taken by the Government to implement the recommendation of the findings relating to the deaths of 34 workers at Marikana Mine in Rustenburg during strike action, the Committee requests the Government to continue providing information on the implementation of these recommendations.

Articles 2 and 3 of the Convention. Rights of vulnerable workers to be effectively represented by their organizations. The Committee previously noted that a research report had been announced to be produced by the Government on the impact of the amendments of the Labour Relations Act (LRA) on trade unionization of temporary employees, and requested information on any developments regarding the Government’s intervention to address difficulties in the exercise of the right to organize by farmworkers, including on the 2015 ITUC observations alleging difficulties for farmworkers to engage in legally protected industrial action. The Committee notes that the Government reiterates that the research has not been conducted but indicates that legislative and policy steps have been taken to address the challenges historically faced by temporary employees. The Committee notes the Government’s indication that the 2014 amendments to the LRA introduced section 198A, which provides that employees earning below the prescribed earnings threshold and placed at a client for more than three months are deemed to be employees of that client, ensuring that employees are not indefinitely employed under precarious conditions and are entitled to the same rights and protections as other employees. The Government indicates that the updated provisions permit trade unions to exercise organizational rights in respect of temporary workers placed at a client even where the trade union does not represent a majority of the client’s own employees, and indicates that as a result, abuse of labour broking practices has declined, unions have reported increased ability to organize and represent temporary workers, and affected employees now enjoy significantly stronger protection under the law. The Committee further notes the Government’s indication that temporary employees including those placed through labour brokers have increasingly exercised their right to industrial action, such as strikes by bakery workers in 2017, as well as its indication that collective agreements negotiated through Bargaining Councils may be extended by the Minister of Employment and Labour to apply to all employers and employees within the scope of the council, including temporary workers such as in the Road Freights and Logistics Industry and the Civil Engineering Industry.

The Committee notes the Government’s indication that the Department of Employment and Labour conducted a study between 2018 and 2019 to assess working conditions and decent work in the agricultural sector and found that decent work deficits still exist and recommended the launching of sector-specific occupational safety and health campaigns, increasing awareness of workers’ leave rights under the Basic Conditions of Employment Act, and improving union access to farms to foster social dialogue and improve labour relations. Welcoming the Government’s interventions to address the difficulties faced by temporary workers and farmworkers in the exercise of the right to organize, the Committee requests the Government to continue providing information on the impact of the amendments to the LRA on trade unionization of temporary employees, and on measures taken or envisaged to address the difficulties in the exercise of the right to engage in legally protected industrial action by farmworkers.

The Committee recalls that in its previous comments it noted the Government’s indication that the social partners have deliberated under the auspices of the National Economic Development and Labour Council (NEDLAC) during 2015 and 2016 and have established amendments to the LRA with regard to picketing, secret ballots and the establishment of an advisory arbitration panel. The Committee requested the Government to indicate the status of the amendments and to provide a copy thereof once adopted. Noting with regret that the Government provides no information in this regard, the Committee requests the Government to inform it of the status of the amendments and to provide a copy thereof once adopted.