ABSTRACT

The post-apartheid state insists that against a background of employment relations in the pre-democratic era characterized by racial discrimination, conflict, cheap labour policies and authoritarian management, ‘South Africa’s labour legislation is among the most progressive in the world, providing for institutions to settle disputes and ensure fairness in the workplace’ (SouthAfrica.info: undated). Key parliamentary Acts passed by the African National Congress (ANC)-led government headed by President Nelson Mandela following the inauguration of democracy in 1994 established a battery of socially-incorporationist institutions (notably the National Economic, Development and Labour Council (NEDLAC), the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Commission for Employment Equity). According to this official narrative, this restructuring provided for the nurturing of ‘sound, co-operative industrial relations’ (South Africa Info Undated) whereby cooperation between employers and trade unions would be fostered and industrial conflict contained.