South African Labour Law Mapping the Changes — Part 1: The History of Labour Law and its Institutions

by | May 21, 2020 | ILJ, ILJ V40 I4

South African Labour Law Mapping the Changes — Part 1: The History of Labour Law and its Institutions

Authors Paul Benjamin & Halton Cheadle

ISSN: 2413-9874
Affiliations:
Source: Industrial Law Journal, Volume 40 Issue 4, 2019, p. 2189 – 2218

Abstract

The article gives an overview of the development of South African labour law in the period since 1994. While the basic model of modern South African labour law was established by 1999, the following two decades have seen an ongoing process of reform, contestation and adaptation. Post-apartheid legislation saw the establishment of new institutions including the Commission for Conciliation, Mediation and Arbitration, the Labour Court and the Labour Appeal Court. On the other hand, existing institutions such as the industrial councils were reformulated as bargaining councils with enhanced functions. The Labour Relations Act 66 of 1995 established a right to strike while simultaneously removing the duty to bargain that had emerged under the industrial court’s post-1980 unfair labour practice jurisdiction. While the period until 2006 saw a significant decline in strike activity, there has subsequently been an increase in the intensity and duration of strikes. Among the factors contributing to this are enhanced inequality, labour market casualisation and declining negotiating capacity. Legislation that came into effect on 1 January 2019 represented a response to this issue with the enactment of a national minimum wage as well as provisions dealing with picketing, strike ballots and prolonged strikes.

Opportunities Presented by the Fourth Industrial Revolution for Persons with Disabilities in the Public Sector

by | May 21, 2020 | ILJ, ILJ V40 I4

Opportunities Presented by the Fourth Industrial Revolution for Persons with Disabilities in the Public Sector

Authors Lindani Nxumalo & Carol Nxumalo

ISSN: 2413-9874
Affiliations:
Source: Industrial Law Journal, Volume 40 Issue 4, 2019, p. 2219 – 2236

Abstract

Securing employment and advancing in the labour market are among the challenges experienced by persons with disabilities. Bodily disablement often necessitates the need for artificial support to enable the person concerned to secure employment and to contribute effectively in the workplace. The Constitution of the Republic of South Africa 1996 provides for equality and the need to create a barrier-free society. Furthermore, it obligates the public sector to ensure equality by developing measures that will create equal access for all in the workplace. The fourth industrial revolution has introduced an advanced technology that includes, among other things, artificial intelligence. Technological advancement and artificial intelligence could assist in addressing the challenges faced by persons with disabilities. This article contends that the public sector must utilise opportunities presented by the fourth industrial revolution to guarantee the inclusion of persons with disabilities in the workplace. It encourages the public sector to invest in technology and provide assistive devices for persons with disabilities in order to guarantee their entry into and advancement in employment.

NOTE: The Furnishing of Security in terms of Section 145(7) and (8) of the Labour Relations Act: A Slow Start towards a Better End?

by | May 21, 2020 | ILJ, ILJ V40 I4

NOTE: The Furnishing of Security in terms of Section 145(7) and (8) of the Labour Relations Act: A Slow Start towards a Better End?

Authors Carlos J Tchawouo Mbiada

ISSN: 2413-9874
Affiliations: Director, Futcher & Poppesqou Attorneys
Source: Industrial Law Journal, Volume 40 Issue 4, 2019, p. 2237 – 2250

Abstract

None

Sustainable Exploitation of Natural Resources in Kenya: A Case for Communities’ Free, Prior and Informed Consent in Oil and Gas Projects

by | May 19, 2020 | ANUL, ANUL 2019 I1

Sustainable Exploitation of Natural Resources in Kenya: A Case for Communities’ Free, Prior and Informed Consent in Oil and Gas Projects

Authors Rodgers Otieno Odhiambo

ISSN: 2521-2613 Affiliations: Source: Africa Nazarene University Law Journal, 2019, Issue 1, p. 1 – 23

Abstract

This article attempts to analyse the development of free, prior and informed consent (FPIC) as an international law principle, its nature and its essence. Further, the article seeks to illustrate the advantages of the principle in natural resource development. Indeed, the principal aim of this article is to bring the development of an international law principle useful in the exploitation of natural resources to the attention of Kenyan legal scholars and policymakers. This is crucial in the context of Kenya which has no experience in the exploration and exploitation of oil and gas, and in view of the fact that the country has embarked on various legal and policy reforms within the extractive sector. Being a frontier market, Kenya needs to learn the nuances within the oil and gas sector. It would therefore be imperative to examine the jurisprudence of international bodies and the activities of other international actors with regard to communities’ participatory rights, while recognising that a new standard of international law has developed which recognises that there is a duty to obtain the FPIC of local and indigenous communities when undertaking extraction of natural resources activities within their locality. Thus, the paper seeks to explore the development of the duty to obtain FPIC in international instruments such as declarations, treaties and Acts by international bodies. The article concludes by making a strong case for the entrenchment of FPIC within the policy and legal framework governing the extractive sector in Kenya.

Insurgency, Islamic Fundamentalism and the Boko Haram Conundrum: Engaging the Contest between the Right to Religion and Supremacy of the Constitution in Nigeria

by | May 19, 2020 | ANUL, ANUL 2019 I1

Insurgency, Islamic Fundamentalism and the Boko Haram Conundrum: Engaging the Contest between the Right to Religion and Supremacy of the Constitution in Nigeria

Authors MO Adeleke, LA Raimi & Olusola Babatunde Adegbite

ISSN: 2521-2613 Affiliations: Source: Africa Nazarene University Law Journal, 2019, Issue 1, p. 24 – 45

Abstract

This article examines the issue of national security and development through the prism of law and religion and its nexus with the tide of insurgency. To achieve this, it starts with a retrospective analysis of the development of religious extremism and violence as a form of political ideology in Nigeria. It then proceeds to engage the post-independence issues of religious violence that manifested in the form of Islamic fundamentalism, which found enough ground to fester, and was never properly addressed. In situating these issues, this article proposes that for Nigeria to overcome the current state of insecurity there must be a conversation establishing the nexus between the monster of insurgency and the masked rise of ‘political Islam’. This article concludes that in addition to necessary constitutional reforms, for Nigeria to reach its full potential, there must be a collective decision to respect section 10 of the Constitution as the supreme law of the whole country, and this must be backed up by a corresponding strong political will on the part of government.