Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Forced Labour Convention, 1930 (No. 29) - South Africa (Ratification: 1997)

The Committee notes with interest the information provided by the Government in its first report and in its 2000 and 2001 reports on the application of the Convention. It would be grateful if the Government would provide, in its next report, additional information on the following points.

Article 2(2)(a) of the Convention. The Committee requests the Government to indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. It also requests the Government to supply copy of provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). The Committee notes that, under section 37(1)(b), of Correctional Services Act No. 111, 1998, every prisoner must perform any labour which is related to any development programme or which generally is designed to foster habits of industry. In it 2000 report, the Government indicates that Department Order B Service Order (5) details orders of the President for the application of prison labour. Under these Orders, prisoners may be available to private hirers sworn in as temporary correctional officials, thus making it under "public authority" against payment. The Government also indicates that no offender is forced to perform such labour. The Committee notes that Chapter XIV of Correctional Services Act No. 111, 1998, allows to be established joint venture prisons. In its 2000 report, the Government has indicated that, as part of the Government’s Public Private Partnership, initiatives relating to two prisons at Bloemfontein and Louis Trichardt, respectively, were supposed to allow to be established in the latter 2001. The prisoners were supposed to work inside the prison premises as part of a structured day programme aimed at the development and training of the individual inmate. They were supposed to be rewarded according to a system of modest gratuity and incentives with the following aims: to encourage commitment to work activities and development programmes; and to reward effort and good behaviour.

The Committee observes that, under Article 2(2)(c), of the Convention, prisoners must not be hired to or placed at the disposal of private individuals, companies or associations. As the Committee has pointed out in paragraphs 112-125 of its General Report to the 86th Session of the International Labour Conference (1998), only when performed in conditions approximating a free employment relationship, can work by prisoners for private companies be held compatible with the explicit prohibition of this Article; this necessarily requires the formal consent or the person concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as the payment of normal wages and social security, etc. The Committee therefore asks the Government to indicate how it guarantees that the person concerned is giving such voluntary consent, and to give details on the guarantees and safeguards established in law and practice. The Committee also asks the Government to supply a copy of Department Order B Service Order (5).

Article 2(2)(e). The Committee notes the information provided by the Government in its 2002 report, according to which traditional leaders may ask their community members to perform work. Such work performed by the community may, however, not be the sole benefit of the traditional leader but to the whole community, when they have to repair roads and fences. The Committee also notes that in some traditional areas, some legislation also stipulated that their communities must respect traditional leaders and they must be obedient to their authority. It requests the Government to provide detailed information on the nature of works performed by the traditional communities and to indicate what guarantees are provided to ensure that the members of the community shall have the right to be consulted in regard to the need for such works. The Committee also requests the Government to supply a copy of the final White Paper process on traditional leadership and traditional institution.

Article 25. The Committee notes that, under section 48(2) and (3), of the Basic Conditions of Employment Act No. 75, 1997, a person who for his or her own benefit or for the benefit of someone else, causes, demands or imposes forced labour commits an offence. By virtue of section 93(2) of the Basic Conditions of Employment Act No. 75, 1997, a person convicted of an offence in terms of section 48 of Act No. 75 may be sentenced to a fine or imprisonment for a period not longer than three years. The Committee requests the Government to supply information on the practical application of the abovementioned sections and to indicate the amount of the fine imposed under section 93(2) of the Basic Conditions of Employment Act No. 75, 1997.