Temporary employment service (Labour Brokers) in South Africa and Namibia
Abstract
South Africa currently allows labour broking although this area of commerce is
problematic. The trade union movement, government and organised business are
presently debating the future regulation of this industry. Namibia has experimented
with, and failed, to place a legislative ban on labour broking. The Supreme Court of
Appeal of Namibia considered International Labour Organisation conventions and
provisions of their Constitution before concluding that labour broking should be
regulated but not prohibited. In this article it is argued that South African policy
makers can gain valuable insights from the Namibian experience. It is submitted that
it would be appropriate for Parliament to take cognisance of international and foreign
principles and to accept amendments that would provide for stricter regulation for
labour broking, rather than placing an outright ban on this economic activity.
Keywords: Africa