The Role of Government The role of the South African government is to serve the needs of society: to keep order, to protect, and improve the country. The South African government has three levels: federal, provincial, and local, which is defined by the constitution as “distinctive, interrelated, and interdependent” (South Africa, n.d.) In Appendix B, a chart can be found that depicts the structure and functions of each level in more detail. In addition to the three levels of government, there is also an independent judiciary system that is in charge of regulating the compliance of laws and has the power bestowed to determine the merits of any case brought forth. Also, given South Africa’s extensive political history, there is an advisory body in which stems from South Africa’s traditional leaders. This is sometimes viewed with disdain and mistrust as some question the true importance and objectivity of these leaders, especially in terms of their influence in certain situations. (South Africa, n.d.) Given South Africa’s controversial history when it comes to civil liberties and political freedom among others, they have recently been attempting to change that image and become a more respective entity. They attempt to achieve this through many different initiatives, and by passing laws. One such initiative is in regards to child labour. “The largest factor in reducing child labor remained the government’s 250 rand ($35USD) per month Child Support Grant to primary care givers of children under the age of 16. The age was scheduled to increase to 17 in January 2011 and 18 in January 2012” (UN Refugee Agency, 2011). Whether this initiative will work or not, will be interesting to document because child labour has been a huge on-going issue of concern in South Africa. This additional money could have the potential to really elevate some poor families so that they do not have to send their children out to do dangerous work. Therefore these children could instead attend school and advance their own lives in the future. (South Africa, n.d.) Passing laws is an important aspect of government and an area of importance to all who conduct business in South Africa. A bill aiming to amend the constitution must have the vote and consent of two-thirds of the majority in the National Assembly, and at least 6 of the 9 provinces must also consent. The provinces are all represented in the NCOP, the National Council of Provinces. However, if the amendment is for the founding values of the constitution in section one, than this requires three-quarters consent of the National Assembly. When the topics of the bill pertain to issues in regards to national functions, than each delegate of the NCOP has one vote (given that each province usually has more than one delegate); conversely, with bills pertaining to provincial functions, than only one vote is allowed per province. It is important to note that the constitution has the most legal influence and priority when making decisions. Therefore, even the president may be removed if they violate any grounds of the constitution, or if there is enough evidence in which there is a two-thirds vote from the NCOP in aiming to remove the President from office. (South Africa, n.d.) Finally, of all the levels and different functions of the government, there are supporting organizations and institutions with the aim of supporting the values of a democratic constitution. Some examples of these self-explanatory agencies are: The Public Protector of the Human Rights Commission; The Commission for the Promotion & Protection of the Rights of Cultural, Religious & Linguistic Communities; the Commission for Gender Equality; The Auditor-General & the Electoral Commission. With these in place, society hopes that the mistakes of the past will not be repeated, and that South Africa can move to become a strong and fully developed country able to be competitive in the global market. (South Africa, n.d.)
The Extent and Influence of Unions As noted previously, there are 3 major unions in South Africa; the Congress of South African Trade Unions (COSATU), the Federation of Unions of South Africa, and the National Coalition of Trade Unions, but there are other smaller unions that do exist. The Labour Relations Act states the importance of freedom of association (discussed previously), “the right of employees and employers to join and participate in the lawful activities of unions and employer organizations respectively” (International Labour Organization, 2011). In Appendix C, a short list can be found that states some of the permitted actions that a registered union can do as stated in the Labour Relations Act. One of such actions is the ability of unions to recruit members in places of work and to be able to hold meetings with them to discuss any arising issues. Also, depending on the number of workers in one place of work that are members of a particular union, that union will have more rights in terms of information disclosure. (International Labour Organization, 2011) Since the union has protected rights even in the constitution, employers must take their relations with the unions of their workers very seriously. Some practices are deemed unfair labour practices whether direct or indirect, and include things such as unfair hiring, firing, demoting, and even disciplinary practices. In these cases, where the worker is part of a union and is reported to the union, a hearing will occur and a verdict instated. If the employer is not content with the verdict, it can appeal the decision it to the Labour Court for a final verdict. This is aligned with the human rights code mentioned above in greater detail. (International Labour Organization, 2011) With unions comes the possibility of strikes, and according to the LRA, employees can be protected with certain rights if various conditions are met under the Act. Within a protective strike, among the rights a worker has are protection from being fired by the employer when returning after a strike, and also being protected from the employer seeking remuneration from the employee for work that was not done because of their presence in the strike. As for unprotected strikes, the employer can go to the Labour Court and ask for remedies for the hardship caused upon them from the strike, and therefore the Court can even award fair monetary compensation. (International Labour Organization, 2011) Finally, in terms of bargaining agreements, it is important to note that once in writing and formalized, it is binding. Any changes must be made in writing and with the consent of all who are involved. Also, a key factor of such agreements is the ability for it to be extended to non-union workers of a particular place of work where the agreement applies. “Bargaining councils have been established by the LRA and are by definition, statutory bodies that registered unions and employer organizations may voluntarily and co-operatively establish within a specific economic sector. They represent the centre-piece of the system of bargaining fostered by the LRA” (International Labour Organization, 2011). These agreements do have a time span, stipulated in writing, and can also be terminated by any of the parties involved, with notice and consent from all.

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