Black Unions in South Africa: Labor Law Reform and Apartheid
![handle is hein.journals/stanit17 and id is 109 raw text is: Black Unions in South Africa:
Labor Law Reform and
Apartheid*
WILLIAM B. GOULD**
In recent years, the South African Government has undertaken labor law reform in the face of consid-
erable black worker unrest. This article examines the historlcal, social, and legalframework of South
Ajrican labor and documents the institutional apartheid of the country ' labor unions.
Against this background this artlile discusses the recent labor reform measures in South Africa,
beginning with the recommendations of the Wiehahn Commission, the Government's White Paper in
response to the Commission 'r Reports, and the codifcation of change in the Industrial Conciliation
Amendment Act of 1979.
While some positive changes in South Afrtcan labor law have occurred, vast inequities still inhere in
the countpy 's labor system. Further change can only be ejected by greater organizaton of black workers in
South Abuca and by more ejtctive, continued pressure from the West.
I. HISTORICAL BACKGROUND
Although South African trade unions, which represent all racial
groups, are voluntary and private organizations' at common law,
they have always been closely regulated by the state and have been
both weak and unstable. The exclusion of black Africans from vital
* Some of the facts set forth in this article were obtained from government sources,
which cannot be cited. Although the accuracy of this information may be disputed, the data
used here are the best available, and represent - as well as can be determined - the labor
situation in South Africa today. I am grateful for financial assistance provided by the Ford
Foundation for travel in South Africa and for leave to conduct research' on South African
labor relations at Stanford Law School in the fall of 1977. I have interviewed numerous trade
unionists, employer representatives, government officials, and academics during three visits to
South Africa in 1977 and 1979. I am particularly indebted to Frank Golino, Labor Attache
at the U.S. Consulate in Johannesburg and to Halton Cheadle of the Centre for Applied
Legal Studies at the University of the Witwatersrand in Johannesburg. I also wish to
acknowledge research assistance provided by Jill Nelson, Stanford Law School 1977, Richard
Montauk, Stanford Law School 1979, and Karen Snell, Stanford Law School 1981.
Professor of Law; Stanford Law School.
I A discussion of the labor scene in South Africa as it was before the recent flurry of
legislative activity described herein is contained in Gould, Are Black Unions the Key? Common-
weal, Nov. 10, 1978, at 718; Gould, US Firms Could Aid Black Labor in South Africa, Los Angeles
Times, Nov. 18, 1977.
2 The leading book on South Africa's labor laws is A. DE KOCK, INDUSTRIAL LAWS OF
SOUTH AFRICA (2d ed. 1979) [hereinafter cited as DE KOCK]. Mr. de Kock is an attorney of
the Supreme Court of South Africa.](ViewImageLocal?handle=hein.journals/stanit17&div=12&collection=&method=preview&ext=.png&size=3)
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Black Unions in South Africa: Labor Law Reform and Apartheid
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