constitutional rights in south africa for mine workers

Amendments to the Constitution | South African Government

Constitution of the Republic of South Africa Amendment Act. Constitution of the Republic of South Africa Amendment Act. Constitution of the Republic of South Africa Second Amendment Act.

CONSTITUTIONAL COURT OF SOUTH AFRICA

(a) To give effect to and regulate the fundamental rights conferred by section 23 of the Constitution of the Republic of South Africa, 1996." 29 SA Commercial Catering & Allied Workers Union v Amalgamated Retailers (Pty) Ltd (2002) 23 ILJ 165 (LC) (Amalgamated Retailers). 30 Id …

National Labour Law Profile: South Africa

Constitution of South Africa . The Constitution of South Africa, Act 108 of 1996 was adopted on 10 May 1996 and came into effect on 4 February 1997. The Constitution is the supreme law of the land, binding on all organs of State at all levels of government. South Africa is a State founded on the principles of a constitutional democracy.

South Africa Constitutional Court rules on derogatory and ...

Background. On 17 May 2018, the Constitutional Court of South Africa (Constitutional Court) held that referring to a fellow employee as a "swart man" (which translated from Afrikaans to English means "black man") was racist and derogatory in the circumstances, and justified the dismissal of the employee who uttered the words.

Enforcing the Right of Access to Healthcare Services in ...

South African Human Rights Commission and studies conducted by the Studies in Poverty and Inequality Institute (SPII), it is revealed that the measures adopted by the government to improve access to health care services have not effectively translated the entitlements of this right to the

Mining and your Community: Know your Environmental …

Section 1: Mining and your rights Section 2: The licence process and consultation Section 3: Important documents Section 4: Fighting for your rights In this guide we refer to the following laws • The Bill of Rights in the Constitution which describes the human rights of all people in South Africa.

From Workplace Rights to Constitutional Rights in South …

For the ILO Century Project Roundtable "From Workplace Rights to Constitutional Rights in South Africa", November 2013 underground work in mines of all kinds. By 1939, the SA government had ratified 8 ILO Conventions while 21 had been voted on but not yet ratified by the government.

Numsa Defends The Rights Of Temporary Workers At ...

Numsa Defends The Rights Of Temporary Workers At Constitutional Court 20 February 2018, Posted in Press Releases The National Union of Metalworkers of South Africa (NUMSA) is calling on all workers to support us as we defend the rights of temporary and contract workers at the Constitutional Court on Thursday.

South Africa - Reconstruction, union, and segregation ...

South Africa - South Africa - Reconstruction, union, and segregation (1902–29): The Union of South Africa was born on May 31, 1910, created by a constitutional convention (in Durban in 1908) and an act of the British Parliament (1909). The infant state owed its conception to centralizing and modernizing forces generated by mineral discoveries, and its character was shaped by eight years of ...

South Africa's Constitutional Court Protects Land Rights ...

Nov 06, 2018· South Africa's highest court has delivered two landmark decisions protecting women's rights to equality and land ownership, as well as the rights of communities living in mining areas.

Women's Rights and representation | South African History ...

South African women also have to contend with extremely high rates of rape and domestic violence. Section 9 -Equality. Women are obviously protected by the full range of rights guaranteed in the new Constitution - the rights to life, dignity, privacy and others. But they receive specific protection in section 9, entitled "Equality". It says:

South African Constitution: The Bill of Rights | South ...

On 21 March, South Africa celebrates Human Rights Day. This day is a commemoration of the 1960 Sharpeville Massacre and how far the nation has come in the protection of fundamental human rights. Today the fundamental rights of South Africans are enshrined in our Constitution under the Bill of Rights. The Bill of Rights is a cornerstone of ...

The Constitution of South Africa

Jun 11, 2017· The Constitution of a newly democratic South Africa was promulgated by President Nelson Mandela in 1996. The highest law of the land, it is widely regarded as the most progressive Constitution in the world, with a Bill of Rights second to none. South Africa's Constitution is the result of remarkably detailed and inclusive negotiations that ...

National Union of Mineworkers | labour union, South Africa ...

In South Africa: The unraveling of apartheid …a massive strike by the National Union of Mineworkers, and saboteurs caused an increasing number of deaths and injuries.The economy suffered severe strain from the costs of sanctions, administering apartheid, and military adventurism, especially in …

THE IMPACT OF THE LABOUR RELATIONS ACT ON …

South Africa's constitutional democracy is built on a number of cornerstones. One important cornerstone is that of human dignity, the achievement of equality and the advancement of human rights and freedoms.29 Equality before the law is a fundamental right which is enshrined in section 9 of the Constitution.30 Everyone is

South Africa: Constitutional Court - SAFLII

[1] At issue is whether workers at five gold mines may exercise the right to strike while an agreement prohibiting strikes, to which they were not party, is in force. [1] The union representing the majority of workers at each of the mines is the first applicant, the Association of …

South Africa: Employee rights | South Africa ...

South Africa: Employee rights. Original and updating author: Helen Wilsenach, Bowmans Consultant editor: Bongani Masuku, Tabacks See the legal services provided by the author of XpertHR International > South Africa, including any discounts/offers for subscribers.. Summary. Employers must act in accordance with existing legislation when dealing with the coronavirus (COVID-19) outbreak.

Workers' Rights in South Africa: Does ... - Global Research

Dec 27, 2012· The ANC, the elected body which claims to represent the people of South Africa, took the position this week that, "Mine nationalization is off the agenda." Instead, the ANC leadership, composed of a black ruling class that has more in common with international capitalists than it does with black mineworkers, has proposed a series of so ...

Assign Services (Pty) Limited v National Union of Metal ...

CONSTITUTIONAL COURT OF SOUTH AFRICA. Assign Services (Pty) Limited v National Union of Metal Workers of South Africa. CCT 194/17. Date of hearing: 22 February 2018. MEDIA SUMMARY. The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court.

THE SOUTH AFRICAN CONSTITUTION AND BILL OF RIGHTS

The South African Constitution The South African Constitution describes the social values of the country, and sets out the structures of government, what powers and authority a government has, and what rights citizens have. The Founding Provisions of the Constitution set out the principles and guarantees of democracy in South Africa.

Judgments - ConCourt

Latest Judgments. National Union of Metal Workers of South Africa v Lufil Packaging (Isithebe) and Others CCT172/19 2020-03-26 ; National Director of Public Prosecutions v Botha NO and Another CCT280/18 2020-03-26 ; Normandien Farms (Pty) Limited v South African Agency for Promotion of Petroleum Exploration and Exploitation SOC Limited and Others CCT195/19 2020-03-24

Constitutional Court empowers mining communities in South ...

Oct 26, 2018· The Constitutional Court in South Africa has ruled that mining communities can now exercise their constitutional rights to oppose mining companies who bypass them in favour of working through traditional leaders.

Mining Safety | Mining Health and Safety Legislation in ...

Mining health and safety in South Africa is governed by Act 29 of the 1996 Mine Health and Safety Act. The base premise of the act is: To ensure owner responsibility for health and safety through creation of codes of practise, training, identifying potentially hazardous factors, investigating said factors, employing hygienists for the industry ...

Constitutional rights apply to workers too | GroundUp

Jan 22, 2015· At the same time, workers are stigmatised and shunned in a South Africa where prevailing attitudes remain conservative, as found in a 2013 Pew Research Centre study. workers are viewed as a threat to the moral fabric, and neither the state nor the public are willing to stand up for workers' rights.

Bill of Rights (Chapter 2 of the Constitution of the ...

This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. 2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights. 3) The rights in the Bill of Rights …

National Labour Law Profile: South Africa

CONSTITUTIONAL COURT OF SOUTH AFRICA. Assign Services (Pty) Limited v National Union of Metal Workers of South Africa. CCT 194/17. Date of hearing: 22 February 2018. MEDIA SUMMARY. The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court.

WORKERS' RIGHT TO FREEDOM OF ASSOCIATION AND …

2009 (15-2) Fundamina 59 trade unionism.13 There is no absolute certainty about the formation of the first workers' movement in South Africa. According to Finnemore and Van der Merwe14 one of the first documented trade unions in South Africa was the Carpenters and Joiners Union that was founded in …

Right to Health – Period: April 2000 - March 2002

Right to Health – Period: April 2000 - March 2002 98 HIV /AIDS Strategic Plan for South Africa 2000 -2005 The objective of the HIV/Strategic Plan is to reduce the number of new HIV infections and its impact on individuals, families and communities. Priority areas are prevention, treatment, care, human rights, mo nitoring and evaluation.

A health system that violates patients' rights to access ...

A health system that violates patients' rights to access health care. During the apartheid era, disproportionate resource allocation policies by the state at a systemic level resulted in poor-quality and inferior services being available to black people. Healthcare services were not spared the discriminatory constraints of apartheid rule.

Why protect worker's rights? | South African History Online

South Africa's Constitution now goes far in guaranteeing workers' rights, such as the right to strike. Section 23 - Labour relations . The rights afforded to citizens generally apply to workers too - such as the rights to equality, privacy, dignity and life. But some sections in the Bill of Rights are especially useful to workers.