Analysis of the impact of privatisation on the development of labour law in SADC with a focus on South Africa
Abstract
Structural adjustment programmes like privatisation do not operate in a vacuum. They are
brought into operation through role players like International Monetary Fund, the World
Bank, the State and Transnational Corporations/Multinational Corporations and other nonstate
actors. The operations of such programmes have been received with hostility from the
trade unions and the public at large in South Africa and SADC in general. The implications
of privatisation on labour reveal that there is an inter-relationship between labour and
privatisation thus affecting the development of labour law. With the involvement of private
service providers issues of safeguarding of workers' rights arise.
Analyses around privatisation have been on-going for more than two decades. They have
mainly discussed privatisation from an economic point of view and on the decorum of
shifting control from the State to private hands. An analysis of whether privatisation has an
impact on the development of labour law and enjoyment of labour rights remains hardly
researched.
This study attempts such an analysis. Is privatisation undermining labour laws? How much
protection should be placed on the rights of workers? Is it expendable when it comes to
getting foreign investments and pursuit of structural development programmes? Who is
responsible for the labour regulation during and after privatisation? Do the respective states
and non-state actors ever consider the impact it would have on labour rights and the
protection of workers? Is there a universal standard for labour regulatory framework in
privatisation? If not is it possible for such a framework to be in place? Does privatisation
impose any challenges to the traditional labour regulatory framework? And finally: what can
be done? Can privatisation process itself be restructured in a manner which allows a well
built monitoring and regulatory mechanism to ensure it works coherently with the labour
laws rather than interfere with or violate the rights of workers?
Collections
- Law [826]