Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Night Work (Women) Convention (Revised), 1948 (No. 89) - South Africa (Ratification: 1950)

The Committee notes the information provided by the Government in response to its previous comments.

The Committee notes from the Government’s report that the new South African Constitution, Act No. 108 of 18 December 1996, prohibits discrimination in any form, while recently enacted labour laws such as the Mine Health and Safety Act, No. 29 of 30 May 1996, the Basic Conditions of Employment Act, No. 75 of 26 November 1997, and the Labour Relations Act, No. 66 of 29 November 1995, do not contain any provision banning employment of women during the night.

The Committee notes the Government’s statement that the provisions of the Convention are outdated and do not correspond to present needs, and that re-introducing limitations on women’s night work would be contrary to the principles set out in Convention No. 111 which has already been ratified by South Africa. The Committee also notes that the Government would consider the possibility of denouncing the Convention when it will again be open to denunciation in 2001.

The Committee recalls that the Government remains fully bound by the provisions of the Convention until such time a formal act of denunciation takes effect in accordance with Article 15(1) of the Convention. This implies that, as long as the Government does not proceed to denounce the Convention, it has the obligation to take the necessary measures to eliminate the incongruity between the national legislation and international commitments made on account of the acceptance of the Convention. The Committee requests the Government to keep it informed of any decisions taken in this matter.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171).