Abstract

This article examines the effectiveness of South Africa’s child labour legislative framework in monitoring and enforcing prohibitions within private residential premises. Although legislation has been enacted to protect children from child labour, the persistence of child labour highlights a discrepancy between legislation and its practical implementation. The article assesses the roles of labour inspectors and social workers in monitoring child labour. The finding reveals that labour inspectors encounter significant limitations by requiring consent or warrants before entering private homes. These limitations delay interventions and enable offenders to conceal unlawful activities. In contrast, social workers have broader entry powers but are limited by resource and capacity challenges. The article identifies legislative loopholes regarding domestic chores as an additional form of child labour, without providing adequate consideration for a practical monitoring framework. It recommends expanding inspectors’ authority, improving training, strengthening interdepartmental coordination, and enhancing accountability measures. The article provides practical enforcement mechanisms for the protection against child labour.