Native Labour (Settlement of Disputes) Act, 1953
Encyclopedia
The Native Labour Act, 1953 (renamed in 1964 to the Bantu Labour (Settlement of Disputes) Act, in 1973 to the Bantu Labour Relations Regulation Act, and in 1978 to the Black Labour Relations Regulation Act) was a South Africa
n law which formed part of the apartheid system of racial segregation in South Africa. The effect of the law was to prohibit strike action
by Africans.
, War Measure 145 banned Africans from striking
, and imposed a penalty of either a £500 fine, or three years' imprisonment for any breach of this measure. After the conclusion of the war, the measure was renewed at various times. In 1947, an act was proposed which would make "trade union
ism illegal and a criminal offence for Africans" in a number of key industries, and ban all strikes by Africans, as well as a number of other restrictions. Although this proposal was not enacted due to the level of opposition it received, a number of the key points were included in the Native Labour (Settlement of Disputes) Act.
The act repealed War Measure 145, but in essence placed the measure into law, setting up a legal system of "racially segregated
trade unions", and made it illegal for Africans to strike under any circumstances. Although the law did not ban Africans from having trade unions, it did not legally recognise them. The South African Minister for Labour, Ben Schoeman explained the reason for the ban as being because the Africans "have not the faintest conception of the responsibilities of trade unionism." The law meant that black Africans had no real way of resisting the demands of their employer. In place of trade unions, the government allowed the creation of workers' committees, to be set up by the employees, and officially registered. Each place of work was permitted only one committee, which was to have no more than five members; preventing true representation. If a committee had a complaint to raise, it was taken to a regional committee, composed of Africans appointed by the Minister for Labour. These regional committee reported to the Black Labour Board, which consisted solely of whites. The legislation came into force on 1 May 1954. An amendment was made to the act in 1959, which imposed the same penalties for striking as had been present in War Measure 145: a maximum fine of £500 or three years' imprisonment. The act was weakened by the Bantu Labour Relations Regulation Amendment Act, 1973, which allowed Black workers a limited right to strike, and repeal
ed under section 63 of the Labour Relations Amendment Act, 1981.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n law which formed part of the apartheid system of racial segregation in South Africa. The effect of the law was to prohibit strike action
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
by Africans.
Legislative history
In 1942, during World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, War Measure 145 banned Africans from striking
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
, and imposed a penalty of either a £500 fine, or three years' imprisonment for any breach of this measure. After the conclusion of the war, the measure was renewed at various times. In 1947, an act was proposed which would make "trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
ism illegal and a criminal offence for Africans" in a number of key industries, and ban all strikes by Africans, as well as a number of other restrictions. Although this proposal was not enacted due to the level of opposition it received, a number of the key points were included in the Native Labour (Settlement of Disputes) Act.
The act repealed War Measure 145, but in essence placed the measure into law, setting up a legal system of "racially segregated
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
trade unions", and made it illegal for Africans to strike under any circumstances. Although the law did not ban Africans from having trade unions, it did not legally recognise them. The South African Minister for Labour, Ben Schoeman explained the reason for the ban as being because the Africans "have not the faintest conception of the responsibilities of trade unionism." The law meant that black Africans had no real way of resisting the demands of their employer. In place of trade unions, the government allowed the creation of workers' committees, to be set up by the employees, and officially registered. Each place of work was permitted only one committee, which was to have no more than five members; preventing true representation. If a committee had a complaint to raise, it was taken to a regional committee, composed of Africans appointed by the Minister for Labour. These regional committee reported to the Black Labour Board, which consisted solely of whites. The legislation came into force on 1 May 1954. An amendment was made to the act in 1959, which imposed the same penalties for striking as had been present in War Measure 145: a maximum fine of £500 or three years' imprisonment. The act was weakened by the Bantu Labour Relations Regulation Amendment Act, 1973, which allowed Black workers a limited right to strike, and repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed under section 63 of the Labour Relations Amendment Act, 1981.