Tag: Bill of Rights

Removing the causes of mass youth unemployment in South Africa would have multiple positive consequences for job seekers. If small businesses and households, “the natural employers of young and untrained workers in an open labour market”, were free of the burden of the minimum wage and other unnecessary regulatory burdens that have been imposed on them, they could make an unprecedent contribution to the economy.

The fact that a South African individual is unemployed, is not well-educated, and has had difficulty in finding employment, does not mean that government officials are entitled to treat them with disrespect. All citizens who obey the laws, and treat their fellow citizens with respect, are not only entitled to be treated with equal respect but also to have their rights, as described in the South African Constitution, fully respected.

Read our exclusive cover story titled Let me work! - official violation of the rights of the unemployed must end by Eustace Davie, Director, Free Market Foundation, plus a host of other topical management articles written by professionals, consultants and academics in the June/July 2023 edition.

In the matter of Medtronic International v CSARS (33400-19) ZAGPPHC, Medtronic (the taxpayer) brought a review application against the commissioner of SARS (the commissioner). This was due to the taxpayer being a victim of fraud, perpetuated by a Medtronic employee, to the tune of approximately R460,000,000.00. This ultimately placed the taxpayer in non-compliance with SARS.

If jobseekers in South Africa currently had the right to freely enter voluntary contracts with employers at wages and on conditions acceptable to both parties, the country would not have mass unemployment. Figures recently released by Statistics SA confirm the statement by the International Labour Organisation (ILO) that at 29.8 percent South Africa had the highest unemployment rate in the world. At 4.9 percent the USA had the lowest rate.

In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma. Reports suggest that as many as 117 people have been killed and hundreds of businesses were lost or destroyed as a result of the violence that erupted during demonstrations across the country.

Although welcomed by South Africa, refugees and asylum seekers encounter a number of obstacles when they want to exercise their rights with regard to international law, the South African Constitution and refugee law. My doctoral study entailed a comprehensive analysis of the law and state practice on the integration of refugees in South Africa.

We have been consistent in saying that labour laws and the National Minimum Wage (NMW) are not benefitting the unemployed. In fact, they do the exact opposite. Parliament, as the institution that makes the laws, is failing the unemployed as it is the responsible body that brings out laws and regulations that cause an increase in unemployment.

While there has been much anger and frustration over South Africa’s slow response in procuring and administering COVID-19 vaccines, it remains the government’s responsibility to protect its citizens from this pandemic, while upholding the rights of all South Africans enshrined by our constitution.

The Economic Regulation of Transport Bill (B1-2020) published for public comment is problematic across three broad areas. It unnecessarily and unjustifiably expands the extent and potential scope of government interference in the transport sector; like much other legislation it vests executive officials, primarily here the Minister of Transport and the proposed Regulator, with discretionary powers that are not restrained by any objective guiding criteria; and it is clearly aimed at centralising governmental power away from civil society and independent institutions into the hands of the Department of Transport and its Minister. Also, it contains vague provisions that do not meet the requisite quality of legislative drafting.