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?