====== South Africa ====== **Region:** Southern Africa **Regional Economic Communities (REC):** SADC → [[https://iiag.online/locations/za.html|View IIAG Country Statistics]] ---- ^ Indicator ^ Data ^ | **Governance (IIAG)** | Overall Governance score: 65.9 / 100 · Rank: 4th / 54 · [[https://iiag.online/locations/za.html|View IIAG Country Statistics]] | ---- ===== PART 1 – HIGH-LEVEL COUNTRY MAPPING ===== ==== Institutions and Stakeholder Database ==== (To be linked) ---- ==== REC Membership ==== * SADC ---- ==== Population size and size of the informal economy ==== South Africa’s population exceeds **60 million**. The country faces high unemployment, and a significant proportion of the working-age population is either unemployed or engaged in informal economic activity. The informal economy includes street vendors, waste reclaimers, domestic workers, and other forms of unregistered or unregulated work. It constitutes a significant share of total employment, particularly among women, youth, and migrant workers. The persistence of informality reflects structural inequality, limited formal job creation, and barriers to entry into the formal labour market. ---- ==== Nature of the legal system and ILO status ==== South Africa became a constitutional democracy in 1994 and operates a **mixed legal system** based on Roman-Dutch law and English common law. South Africa re-joined the **International Labour Organization (ILO) on 26 May 1994** and has ratified all eight fundamental conventions. The country operates under a **Decent Work Country Programme**, extended to 2025. ---- ==== Workers’ rights in human rights system, national labour law / social protection and scope of protection ==== Workers’ rights are constitutionally entrenched in the **Constitution of the Republic of South Africa, 1996**: * **Section 23**: Right to fair labour practices and freedom of association * **Section 27**: Right to access social security and social assistance Key labour and social protection legislation includes: * **Labour Relations Act 66 of 1995 (LRA)** * Applies to employees, including workers in disguised employment * **National Minimum Wage Act 9 of 2018 (NMWA)** * Applies to all workers except members of security services * **Basic Conditions of Employment Act 75 of 1997 (BCEA)** * Provides minimum conditions of employment * Enables sectoral determinations * **Skills Development Act 97 of 1998** * **Unemployment Insurance Contributions Act (UICA)** * Provides unemployment, illness, maternity, adoption, and dependent benefits * Includes provisions for domestic workers employed by multiple employers This framework establishes a relatively comprehensive system of labour rights and social protection, although coverage and enforcement vary across the informal economy. ---- ==== Existing laws, policy and regulatory initiatives for the protection of workers in the informal economy ==== South Africa regulates aspects of informal work through: * Sectoral determinations * Minimum wage protections * Occupational injury compensation systems * Sector-specific regulatory instruments These mechanisms extend elements of labour protection into informal sectors, although gaps remain in enforcement and inclusion. ---- ===== PART 2 – SECTOR SPECIFIC REGULATION ===== ---- ==== Domestic Work Sector ==== * **Sectoral Determination 7: Domestic Worker Sector** * Issued under section 51(1) of the BCEA * Establishes wages and conditions of employment * **Basic Conditions of Employment Act (BCEA)** * **Compensation for Occupational Injuries and Diseases Act (COIDA)** The framework regulates wages, working hours, leave, and termination, and extends labour protections to domestic workers. ---- ==== Street Vendor ==== * **Businesses Act 71 of 1991** Provides the principal legislative framework governing informal trading and business activity. ---- ==== Waste Reclaiming ==== * **Waste Picker Integration Guideline (2020)** Supports the integration of waste reclaimers into formal waste management systems. ---- ==== Home working ==== * **Basic Conditions of Employment Act (BCEA)** General labour protections apply to home-based workers where an employment relationship exists. ---- ==== Gig Work and the Platform Economy ==== (Content to be added) ---- ==== Farm Work ==== * **Sectoral Determination 13: Farm Worker Sector** * Issued under section 51(1) of the BCEA * Establishes wages and conditions of employment ---- ==== The Mining Sector and Artisanal Mining ==== * [[https://www.dmre.gov.za/news-room/post/2763|Department of Mineral Resources and Energy]] Provides regulatory context for mining activities. ---- ==== Taxi and Transport Sector (Gig-work/platform economy overlap) ==== * **Sectoral Determination 11: Taxi Sector** * Issued under section 51(1) of the BCEA * Establishes wages and working conditions ---- ==== Cross-Border Informal Trade ==== (Content to be added) ---- ===== Sources / Links ===== * IIAG – South Africa: https://iiag.online/locations/za.html * Constitution of the Republic of South Africa, 1996 * Labour Relations Act 66 of 1995 * National Minimum Wage Act 9 of 2018 * Basic Conditions of Employment Act 75 of 1997 * Skills Development Act 97 of 1998 * Unemployment Insurance Contributions Act * Businesses Act 71 of 1991 * Waste Picker Integration Guideline (2020) * Department of Mineral Resources and Energy