DOCSLIB.ORG

8. the Law and Regulation of Internships in South Africa Mahlatse Innocent Maake-Malatji

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
8. the Law and Regulation of Internships in South Africa Mahlatse Innocent Maake-Malatji 8. The law and regulation of internships in South Africa Mahlatse Innocent Maake-Malatji 8.1 INTRODUCTION In South Africa, creating jobs and reducing the unemployment rate are key economic and social challenges.1 Although higher education is posited to be essential for economic and social development,2 graduates still face challenges when transitioning from education to work. Thus, graduates do not automati- cally find jobs immediately after completing their studies. Historically, black people in South Africa were disadvantaged by the apart- heid government and colonialism, which barred them from attaining a mean- ingful education and prevented them from acquiring the skills they needed to thrive in a changing economy.3 In addition, poverty has a great impact on individuals’ lives and can undermine individual success in the long run. This continues to feed into the struggle to achieve sufficient financial stability to pursue higher education and, unfortunately, those who do receive an education will still struggle to get jobs. The government attempts to counter this through initiatives such as the National Student Financial Aid Scheme, which assists students from disadvantaged families to pay for their tuition, food and accom- modation at colleges and universities. 1 Murray Leibbrandt, Ingrid Woolard, Hayley McEwen and Charlotte Koep, Employment and Inequality Outcomes in South Africa (Southern Africa Labour and Development Research Unit, University of Cape Town 2010). 2 Mpho Phago and Lebo Thwala, Baseline Study on Students’ Perceptions and Attitudes Towards the HWSETA Postgraduate Research Bursary Programme (HWSETA 2015), http:// www .hwseta .org .za/ download/ baseline-study -on -students -perceptions -and -attitudes -towards -the -hwseta -postgraduate -research -bursary -programme-full -paper/ , accessed 30 March 2021. 3 Siphokazi Koyana, Final Report on the Internship Baseline Study (South African Graduates Development Association 2013) 28, https:// www .dphu .org/ uploads/ attachements/books/ books _3612 _0 .pdf, accessed 30 March 2021. 130 Mahlatse Innocent Maake-Malatji - 9781800885042 Downloaded from Elgar Online at 09/27/2021 10:10:21AM via free access The law and regulation of internships in South Africa 131 Although for some time South Africa has been experiencing growth in its graduate labour force, the graduate unemployment rate has also been on the rise: the dilemma being that there are more graduates and fewer jobs.4 This is doubly problematic as it wastes scarce human capital and is detrimental to the economy in the long run.5 Although employers have embarked on a plethora of strategies to assist unemployed individuals to attain skills for the workforce at all levels,6 there is no evidence of their success. Internships were initiated to alleviate the shortage of skills within specific fields7 and to reduce the high unemployment rate. Since internships are subject to different terms and conditions in different sectors, interns face a variety of challenges in their employment journey, even though in particular cases they are regarded as employees by the law.8 Interns may render their services for no compensation or for only very low pay, which does not cover their cost of living and so does nothing to alleviate poverty. In order to combat graduate unemployment, internships have become one of the ways in which young people can be offered structured entry-level positions in their chosen occupation or profession.9 Nonetheless, for some graduates, internship programmes are no panacea as opportunities to progress beyond them and into employment vary. Graduates are also commonly treated differently as a result of, for example, their Grade Point Average10 and/or 4 The unemployment rate of graduates has risen dramatically from 4.4 per cent in the first quarter of 2011 to 7.9 per cent in the first quarter of 2019. See Statistics South Africa, Quarterly Labour Force Survey (Statistical release P0211, Stats SA 2019), http://www .statssa .gov .za/ publications/P0211/ P02111stQuarter2019 .pdf, accessed 30 March 2021. 5 Faith Oluwajodu, Derick Blaauw, Lorraine Greyling, Ewert PJ Kleynhans, ‘Graduate Unemployment in South Africa: Perspectives from the Banking Sector’ (2015) 13 SA J Hum Res Manage art 656. 6 Koyana (n 3) 29. 7 These fields include information technology and telecommunications; quality and regulatory professionals; and business, management and economics. See ‘Department of Higher Education and Training, Skills Development Act 97/1998: National List of Occupations in High Demand, 2018’, Republic of South Africa, Government Gazette, vol 636, no 41728 (22 June 2018), http:// www .dhet .gov .za/ Information%20Systems %20Coordination/GAZETTE .pdf ?platform= hootsuite, accessed 30 March 2021. 8 See eg Andreanis v Department of Health (2006) 5 BALR 461, discussed later in this chapter. 9 South African Board for People Practices (SABPP), Internships: A Guide for Employers (SABPP 2014) 2–4, https://www .workinfo .com/ images/Attachments/ SABPP/ Internships -A -Guide -for -Employers -June2014 .pdf, accessed 30 March 2021. 10 Ruth Imose and Larissa Barber, ‘Using Undergraduate Grade Point Average as a Selection Tool: A Synthesis of the Literature’ (2015) 18 Psychologist-Manager J 1. Mahlatse Innocent Maake-Malatji - 9781800885042 Downloaded from Elgar Online at 09/27/2021 10:10:21AM via free access 132 Internships, employability and the search for decent work experience institutional preference.11 This chapter mainly focuses on black graduates, as it has been shown that they suffer from higher unemployment than any other race.12 The way in which internships are regulated affords them no assistance. Consequently, social justice is still not achieved in this regard. 8.2 REGULATING INTERNSHIPS AND GRADUATE CHALLENGES The terms ‘intern’ and ‘internship’ have been defined in various ways, often depending on the field in which they are used. An intern is usually understood to be ‘a person who is employed at an entry-level position in an organisation in a structured programme to gain practical experience in [a] particular occu- pation or profession’.13 A typical example can be seen in the guidelines pub- lished by Stellenbosch University, which describe an internship as ‘a planned, structured and managed programme that provides work experience for an agreed period of time’,14 which may last up to two consecutive years. An internship has also been described as ‘career specific work experience that one undertakes during/after one’s studies in order to gain the practical experience required to operate and make a positive contribution with respect to the career path one eventually pursues’.15 11 In a qualitative study by Elza Lourens and Magda Fourie-Malherbe, one of the participants stated: ‘if I can choose only 5 candidates to interview, I will prefer to choose the candidates from the more established institutions like UCT and Stellenbosch’. Elza Lourens and Magda Fourie-Malherbe, From Graduate to Employee: Examining the Factors that Determine the Professional Success of Graduates from Disadvantaged Backgrounds (Cape Higher Education Consortium 2017) 43, http:// www .chec .ac .za/ files/ 2017 -06 -30 %20Final %20CHEC %20research %20report %20with %20cover %2030 %20June %202017 .pdf, accessed 30 March 2021. 12 Nombuelo Precious Mncayi, ‘The Determinants of Employment Status of Young Graduates from a South African University’ (Master’s thesis, North West University 2016), https://pdfs .semanticscholar.org/ 87dc/ f8da9f 500df106d7 1cc9283836 1466c5dfe9 .pdf ? _ga = 2 .126369229 .1312254481 .1584645323 -433629486 .1584645323, accessed 30 March 2021. 13 SABPP (n 9) 3. The definition includes graduates and school leavers, but not work placement trainees. See also Stellenbosch University, Guidelines for Internships at Stellenbosch University (Stellenbosch University 2018), https://www .sun .ac .za/ english/ human -resources/ Documents/ HR %20WEB %20 - %20MHB %20WEB/ Documents -Dokumente/ Policies -Beleide/ Staff %20Development/ PD0328 - %20Guidelines %20for %20internships %20at %20Stellenbosch%20University .pdf, accessed 30 March 2021. 14 Stellenbosch University, ibid 2. 15 SA Works, ‘FAQ SA Works’ (SA Works, 2011), http:// www .saworks .co .za/ faq .html, accessed 30 March 2021. Mahlatse Innocent Maake-Malatji - 9781800885042 Downloaded from Elgar Online at 09/27/2021 10:10:21AM via free access The law and regulation of internships in South Africa 133 8.2.1 The South African Employment Law on Internships The transition of graduates from education to employment requires skill devel- opment within different professions. South Africa has enacted various pieces of legislation to regulate the workplace skills development of South African citizens. At the forefront is the Skills Development Act 97 of 1998, the main purpose of which is to develop the skills or human resources of the South African workforce: ‘to improve the quality of life of workers, their prospects of work and labour mobility’.16 The Employment Equity Act 55 of 1998 aims to eliminate unfair discrimination17 and to implement affirmative action measures in order to address employment discrimination.18 In addition, the Black Economic Empowerment Act 53 of 2003 encourages companies to increase the numbers of their black employees, managers, shareholders and service providers.19 This Act was intended to support the Black Economic Empowerment initiative, the aim of which is to empower the majority black people in South Africa, who in the past were suppressed by the apartheid
Load more

Recommended publications
  • Why Did Unemployment Increase So Much Since the End of Apartheid
    NBER WORKING PAPER SERIES WHY HAS UNEMPLOYMENT RISEN IN THE NEW SOUTH AFRICA Abhijit Banerjee Sebastian Galiani Jim Levinsohn Zoë McLaren Ingrid Woolard Working Paper 13167 http://www.nber.org/papers/w13167 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 June 2007 We thank David Deming, Matias Horenstein, Vimal Ranchhod and Paulo Somaini for research assistance. Special thanks to Jairo Arrow, Jacques deKlerk, and the rest of the team at StatsSA. This paper is part of a project at the CID, Harvard University. The views expressed herein are those of the author(s) and do not necessarily reflect the views of the National Bureau of Economic Research. © 2007 by Abhijit Banerjee, Sebastian Galiani, Jim Levinsohn, Zoë McLaren, and Ingrid Woolard. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Why Has Unemployment Risen in the New South Africa Abhijit Banerjee, Sebastian Galiani, Jim Levinsohn, Zoë McLaren, and Ingrid Woolard NBER Working Paper No. 13167 June 2007 JEL No. J18 ABSTRACT We document the rise in unemployment in South Africa since the transition in 1994. We describe the likely causes of this increase and analyze whether the increase in unemployment is due to structural changes in the economy (resulting in a new equilibrium unemployment rate) or to negative shocks (that temporarily have increased unemployment). We conclude the former are more important. Our analysis includes a multinomial logit approach to understanding transitions in individual-level changes in labor market status using the first nationally representative panel in South Africa.
    [Show full text]
  • Cornell Dyson Wp0603
    WP 2006-03 January 2006 Working Paper Department of Applied Economics and Management Cornell University, Ithaca, New York 14853-7801 USA POVERTY AND WELL-BEING IN POST-APARTHEID SOUTH AFRICA: An Overview of Data, Outcomes and Policy Haroon Bhorat and Ravi Kanbur It is the Policy of Cornell University actively to support equality of educational and employment opportunity. No person shall be denied admission to any educational program or activity or be denied employment on the basis of any legally prohibited discrimination involving, but not limited to, such factors as race, color, creed, religion, national or ethnic origin, sex, age or handicap. The University is committed to the maintenance of affirmative action programs which will assure the continuation of such equality of opportunity. Poverty and Well-being in Post-Apartheid South Africa: An Overview of Data, Outcomes and Policy§ By Haroon Bhorat University of Cape Town [email protected] and Ravi Kanbur Cornell University [email protected] September 2005 Contents 1. Introduction 2. Data and Debate 3. Outcomes: Income, Unemployment and Social Indicators 4. Policy--Growth and Distribution 5. Conclusion Abstract This is an overview of poverty and well-being in the first decade of post-apartheid South Africa. It is an introduction to a volume that brings together some of the most prominent academic research done on this topic for the 10-year review process in South Africa. This overview highlights three key aspects of the picture that the detailed research paints. First, data quality and comparability has been a constant issue in arriving at a consensus among analysts on the outcomes for households and individuals in post- apartheid South Africa.
    [Show full text]
  • Winter School Programme
    Public Economics Capacity Building Programme A New Dawn: Rebuilding State Capability 2019 WINTER SCHOOL 8 – 12 PROGRAMME JULY In partnership with WELCOME TO THE 2019 WINTER SCHOOL I am delighted to welcome you to the fourth assisted us immensely in navigating the many consecutive Public Economics Winter School! possible themes to our final selection: When GTAC conceptualised the capacity building initiative in 2016, the aim was to • Taxes, user charges and behavioural change: ‘strengthen graduate training and research in As in previous years we retain a focus on public economics and public policy through tax, but this year the curriculum design was custom-made training opportunities, such as informed by how behavioural economics can the Winter School, as well as a focused research help to influence and change consumer and and bursary programme’. Now, four years producer decisions towards desirable public later, we have evidence that the initiative is policy objectives. bearing fruit. We know this not only from the • Education economics and financing: The structured feedback we receive, but also from economics of education offers a substantial demand – every year we receive more and more body of evidence-based data and research, applications from both students and young both local and international, that can economists working in government. inform many policy choices. We designed a curriculum that will help scholars understand To ensure that we continuously improve and how policies, funding and politics can shape stay ahead of the many public policy and public education outcomes. economic challenges South Africa faces, we • Fiscal policy and fiscal sustainability: The established an Advisory Panel in January 2019.
    [Show full text]
  • Exploring Universal Basic Income: a Guide to Navigating Concepts, Evidence, and Practices
    Exploring Universal Basic Income A Guide to Navigating Concepts, Evidence, and Practices Ugo Gentilini, Margaret Grosh, Jamele Rigolini, and Ruslan Yemtsov Editors Exploring Universal Basic Income Exploring Universal Basic Income A Guide to Navigating Concepts, Evidence, and Practices Ugo Gentilini, Margaret Grosh, Jamele Rigolini, and Ruslan Yemtsov Editors © 2020 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved 1 2 3 4 22 21 20 19 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. Rights and Permissions This work is available under the Creative Commons Attribution 3.0 IGO license (CC BY 3.0 IGO) http://creativecommons.org/licenses/by/3.0/igo. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: Gentilini, Ugo, Margaret Grosh, Jamele Rigolini, and Ruslan Yemtsov, eds.
    [Show full text]
  • Leadership and Legitimacy
    2007 Transformation Audit Leadership and legitimacy • Leadership and the health of institutions • Democratic structures: public confidence drops • SETAS, SAQA and the skills complex • Higher education and the elite • Poverty and land reform AN ANNUAL PUBLICATION OF THE INSTITUTE FOR JUSTICE AND RECONCILIATION Leadership and legitimacy Edited by Susan Brown Transformation Audit Institute for Justice and Reconciliation www.transformationaudit.org.za www.ijr.org.za 2007 Transformation Audit www.transformationaudit.org.za Published by the Institute for Justice and Reconciliation Wynberg Mews, 10 Brodie Road, Wynberg 7800, Cape Town, South Africa www.ijr.org.za Text © Institute for Justice and Reconciliation © Jan Hofmeyr, pages 7, 27, 36, 38 © Eric Miller/Independent Contributors/africanpictures.net, pages 30, 37 © Guy Stubbs/Independent Contributors/africanpictures.net, pages X, 55 © Rodger Bosch/iAfrica Photos, pages XVI, 67 © Drew Findlay/iAfrica Photos, pages 71, 72 All rights reserved ISBN: 978-1-920219-05-5 Scorecard calculations: Alta Fölscher, Servaas van der Berg and Ingrid Woolard Designed and produced by Compress www.compress.co.za Orders to be placed with either Blue Weaver Marketing and Distribution Tel: +27 (21) 701 4477 Fax:+27 (21) 701 7302 E-mail: [email protected] or the IJR Tel: +27 (21) 763 7137 E-mail: [email protected] contents List of tables and fi gures vi Contributors viii Preface ix Charles Villa-Vicencio Introduction xi Susan Brown CHAPTER 1 Economics and governance 01 Scorecard: Economic performance 03 Analysis
    [Show full text]
  • Experts Seminar
    EXPERTS SEMINAR TRENDS IN SOUTH AFRICAN INCOME DISTRIBUTION AND POVERTY SINCE THE FALL OF APARTHEID 4th of March 2010 University of Cape Town Bremner Building, Middle Campus Mafeje Room Private Bag, Rondebosch, 7700 South Africa BACKGROUND In the context of the OECD’s increased cooperation and enhanced engagement with the Republic of South Africa, the OECD Social Policy Division has been undertaking a study of the patterns and trends of income inequality and poverty since the fall of Apartheid. To that aim, a background report has been commissioned and prepared by Murray Leibbrandt, Ingrid Woolard, Arden Finn and Jonathan Argent, according to guidelines and a structure provided by the OECD. The report which has been published as OECD Social, Employment and Migration Working Paper in January 20101 analyses in detail changes in both poverty and inequality since the fall of apartheid, and the potential drivers of such developments. It shows that South Africa’s high aggregate level of income inequality increased between 1993 and 2008. The same is true of inequality within each of South Africa’s four major racial groups. Income poverty has fallen slightly in the aggregate but it persists at acute levels for the African and Coloured population groups. Poverty in urban areas has increased. On the other hand, there have been continuous improvements in non-monetary well-being – for example, access to piped water, electricity and formal housing – over the entire post-apartheid period up to 2008. Many of the findings from the report are important from a policy perspective. First, intra-African inequality and poverty trends increasingly dominate aggregate inequality and poverty in South Africa.
    [Show full text]
  • Curriculum Vitae
    Prof. Ingrid Woolard Room 4.32, School of Economics, University of Cape Town, Rondebosch, South Africa, 7701 Tel: +27 21 650 5170, Fax: +27 21 650 5697, Email: [email protected] CURRICULUM VITAE Ingrid Woolard is Professor in the School of Economics at the University of Cape Town, a Research Associate of the Southern Africa Labour and Development Research Unit (SALDRU) and a Research Fellow of the Institute for the Study of Labour (IZA). Her areas of interest include labour markets, social protection, programme evaluation and the measurement of poverty and inequality. Ingrid has been the PI of South Africa’s national household panel survey, the National Income Dynamics Study (NIDS), since 2007. She holds a C1 rating from the National Research Foundation. According to Google Scholar, her total citations stand at 2838, her h-index is 25 and her i10-index is 46. From 2011 to 2014 Ingrid was the Chair of the Employment Conditions Commission which advises the South African Minister of Labour on making sectoral determinations on working conditions and minimum wages in 11 sectors covering approximately 4 million workers. She has been a member of the Davis Tax Committee since 2013. PERSONAL DETAILS Date of birth: 9 October 1970 Nationality: South African TERTIARY EDUCATION 2002 PhD (Economics) University of Cape Town 1995 BA(Hons) (Economics) University of South Africa 1992 BSc (Math. stats and Econ.) University of Natal (Durban) EMPLOYMENT HISTORY Jan 2014 onwards School of Economics, University of Cape Town Professor Jul 2008 – Dec 2013
    [Show full text]
  • Ingrid Woolard
    Prof. Ingrid Woolard Room 4.32, School of Economics, University of Cape Town, Rondebosch, South Africa, 7701 Tel: +27 21 650 5170, Fax: +27 21 650 5697, Email: [email protected] CURRICULUM VITAE Ingrid Woolard is Professor in the School of Economics at the University of Cape Town, a Research Associate of the Southern Africa Labour and Development Research Unit (SALDRU) and a Research Fellow of the Institute for the Study of Labour (IZA). Her areas of research interest include labour markets, social protection, tax policy and the measurement of poverty and inequality. Ingrid was the Post-Graduate Convenor in the School of Economics at UCT from 2012 to 2014. She has served on a wide range of university committees and bodies including the Academic Union Executive (with a stint as Vice-President in 2014), the Student Disciplinary Tribunal and the University Social Responsiveness Committee. From 2008 to 2014, Ingrid served on the Employment Conditions Commission (ECC) which advises the Minister of Labour on making sectoral determinations concerning working conditions and minimum wages in sectors where collective bargaining in weak. She served as the Chair of the ECC for the last three years of this period. Since 2013 she has served on the Davis Tax Committee which advises the Minister of Finance on tax reform. Ingrid has been one of the Principal Investigators for South Africa’s national household panel survey, the National Income Dynamics Study (NIDS), since the first wave in 2008. She holds a C1 rating from the National Research Foundation. According to Google Scholar, her total citations stand at 2908, her h-index is 26 and her i10-index is 47.
    [Show full text]
  • CID Working Paper No. 134 :: Why Has Unemployment Risen in the New South Africa?
    Why Has Unemployment Risen in the New South Africa? Abhijit Banerjee, Sebastian Galiani, Jim Levinsohn, and Ingrid Woolard CID Working Paper No. 134 October 2006 © Copyright 2006 Abhijit Banerjee, Sebastian Galiani, Jim Levinsohn, Ingrid Woolard, and the President and Fellows of Harvard College Working Papers Center for International Development at Harvard University Why Has Unemployment Risen in the New South Africa? Abhijit Banerjee1, Sebastian Galiani2, Jim Levinsohn3, Ingrid Woolard4 DRAFT, October 2006 Abstract: We document the rise in unemployment in South Africa since the transition in 1994. We describe the likely causes of this increase and analyze whether the increase in unemployment is due to structural changes in the economy (resulting in a new equilibrium unemployment rate) or to negative shocks (that temporarily have increased unemployment.) We conclude the former are more important. Our analysis includes a multinomial logit approach to understanding transitions in individual-level changes in labor market status using the first nationally representative panel in South Africa. Our analysis highlights several key constraints to addressing unemployment in South Africa. Keywords: South Africa, Unemployment JEL Codes: J08, J68, O12 1) Massachusetts Institute of Technology 2) Washington University 3) University of Michigan 4) University of Cape Town This paper is part of the South Africa Growth Initiative. The Center for International Development has convened an international panel of economists and international experts from Harvard
    [Show full text]