THE INTEGRATION OF LABOUR LAWS ACT

26 AUGUST 1996

1. BACKGROUND

1.1. The integration of the TBVC states and self-governing territories into South Africa in 1994 required the creation of one labour law dispensation in South Africa. The Integration of Labour Laws Act was promulgated in December 1994.

1.2. The regulations pertaining to the Acts listed below in point 1.3. required promulgation in order to repeal the labour laws which were in existence in the former TBVC states and self-governing territories.

1.3. The Acts to be extended were:

1.3.1. Compensation for Occupational Injuries and Diseases Act.

1.3.2. Basic Conditions of Employment Act.

1.3.3. Wage Act.

1.3.4. Occupational Health and Safety Act.

1.3.5. Unemployment Insurance Act.

1.3.6. Manpower Training Act.

1.3.7. Labour Relations Act.

1.3.8. Agricultural Labour Relations Act.

1.3.9. Guidance and Placement Act.

1.4. The promulgation of the regulations pertaining to these Acts listed above in point 1.3 omitted to repeal the following legislation:

1.4.1. The kwaNdebele Apprenticeship Act, 1986.

1.4.2. The Gazankulu Apprenticeship Act, 1974.

1.5. The promulgation of the regulations pertaining to the Acts listed in point 1.3. omitted to amend the following legislation:

1.5.1. The Bophuthatswana Sebo Act, 1989.

1.5.2. The Manpower Development Authority of Bophuthatswana Act, 1988.

2. THE PROCESS IN NEDLAC

2.1. Government reported at the Labour Market Chamber meeting on 22 February 1996 that the Gazankulu Apprenticeship Act had been omitted from the schedule to the Integration of Labour Laws Act that repealed certain statutes.

2.2. The Labour Market Chamber agreed at the meeting of 22 February 1996 to support the repeal of the Gazankulu Apprenticeship Act whether by proclamation or an amendment to the Integration of Labour Laws Act.

2.3. Government reported to an informal meeting of the Labour Market Chamber on 27 June 1996 that:

2.3.1. The kwaNdebele Apprenticeship Act had been omitted from the schedule to the Integration of Labour Laws Act that repealed certain statutes.

2.3.2. The Bophuthatswana Sebo Act required an amendment to remove its authority with respect to the administration of the Unemployment Insurance Fund and the Workmen's Compensation Fund.

2.3.3. The Bophuthatswana Manpower Development Act required an amendment in order to integrate it into the South African institutions of training and human resource development.

2.4. The Labour Market Chamber convenors met on 23 August 1996.The Labour Market Chamber convenors have been mandated to finalise urgent items on the Chamber's agenda that arise in-between Chamber meetings. It was agreed at this meeting to support the repeal of the kwaNdebele Apprenticeship Act and the amendment of the Bophuthatswana Sebo Act and Manpower Development Authority of Bophuthatswana Act whether by proclamation or an amendment to the Integration of Labour Laws Act

4. CONCLUSION

This report therefore completes consideration of the issue in Nedlac, and the report is hereby submitted to the Minister of Labour in terms of section 8 of the Nedlac Act, No. 35 of 1994.