Social Security in South Africa: Overview of Developments — Historical Perspectives

by | Mar 30, 2025 | ILJ, ILJ V46 I2

Social Security in South Africa: Overview of Developments — Historical Perspectives

Author Marius Olivier

ISSN: 2413-9874
Affiliations: Honorary Professor, Faculty of Law, Nelson Mandela University; Extraordinary Professor, Faculty of Law, North-West University; Adjunct-Professor, School of Law, University of Western Australia; BA LLB (Pret), LLD (Unisa)
Source: Industrial Law Journal, Volume 46 Issue 2, 2025, p. 847 – 870
https://doi.org/10.47348/ILJ/v46/i2a7

Abstract

This contribution concerns an assessment of the historical development of formalised social security in South Africa. It firstly provides a historical overview of the development of non-contributory social security (social assistance) in accordance with distinct time periods, noting that initial non-state interventions have gradually been augmented and with time displaced by initially restrictive but later expanding arrangements serving particular categories of the poor. Until 1993 racial inequality remained a distinct hallmark of social assistance provisioning, the removal of which resulted in an exceptionally comprehensive system of state support with powerful direct and indirect, distributional impact. Secondly, historical perspectives on the development of contributory social security (social insurance) are reflected on, per risk category. Key risk benefit categories (in old age, unemployment, occupational injuries and diseases, health care, sickness, maternity, disability, and dependants’ domains) have incrementally been captured in public and private contributory arrangements, and coverage progressively extended to include mostly vulnerable workers, the majority of whom are Africans. Finally, and in conclusion, an overall assessment of historical developments is provided. An integrated and calibrated social security system is still lacking, while significant gaps remain, both system- and institutionally wise. Key categories of vulnerable persons, notably the long-term unemployed and informal economy and self-employed workers, remain largely excluded. A shift from non-state and private provisioning to larger, public scheme arrangements has been discernible, but uneven: among others, the establishment of the envisaged National Social Security Fund has yet to materialise.

Deviations from Design: Regulating Strikes in a Land of Unrest

by | Mar 30, 2025 | ILJ, ILJ V46 I2

Deviations from Design: Regulating Strikes in a Land of Unrest

Author Clive Thompson

ISSN: 2413-9874
Affiliations: Director, CoSolve
Source: Industrial Law Journal, Volume 46 Issue 2, 2025, p. 871 – 898
https://doi.org/10.47348/ILJ/v46/i2a8

Abstract

Strike action has played a pivotal role in advancing and securing the socio-economic interests of workers in South Africa, first for white workers, then for black. Rights were won only in the aftermath of serious and sustained labour unrest, for white workers in the twenties, for black workers fifty years later. None of the legislative attempts at modulation ever quite went to plan, and the degree of deviation has arguably increased across the decades. The Industrial Conciliation Act 11 of 1924 set out to institutionalise conflict in respect of the favoured class of workers while ignoring the majority. But eventually demographics, international pressure and a groundswell of political and industrial resistance obliged the minority government from the late seventies and into the eighties to open an adjusted but unstable labour relations system to all. The Labour Relations Act 66 of 1995 (LRA) heralded a modern regime of great promise. That potential has not been realised under the weight of accumulated historical disadvantage and grievance, and the inability of the new constitutional and political order to repel corruption, violence and incompetence. It is difficult to see how the objects of the 1995 Act can be realised if — among other weighty challenges — the social parties cannot find a way to grow more co-operative, productive and competitive workplaces. Ironically, the voluntary suspension of the hard-fought right to strike might need to feature as part of any workplace culture reset.