THE CRIME — APARTHEID
JOB RESERVATION — CRUEL, HARMFUL AND UNJUST
By ALEX HEPPLE
QNE of the worst apartheid laws is job reservation. It strikes at the livelihood of hundreds of thousands of South Africa's Non-White workers. The Government defends it as a measure to prevent racial rivalry and friction in the field of employ ment. It gives reluctant and unambitious White workers a false sense of security. It hangs over the heads of Coloured, African and Indian workers as a constant threat to their economic security. It is only because South Africa has enjoyed an almost uninterrupted run of industrial progress since the war that the cruel effects of job reservation have not been extensively felt or seen. While employment continues to run at a reasonably high level, the Minister of Labour is not pressed to use his extensive powers to re place Coloured workers by Whites and African workers by Coloureds. The Nationalists claim that job reservation was cause "for practical and economic reasons it introduced at the insistence of White workers. It would not be feasible" and the third because it is true that some White workers in some occupa did not provide an immediate solution. tions asked to be protected by law from what The finding of the Commission was that an ex they called "unfair competition" from cheaper pert scientific body should conduct a general sur Non-White labour. But it was the Nationalists vey of the nation's whole labour economy and, themselves who seized upon this fear in the minds after careful study, submit concrete proposals to of a few workers to create a major political issue. the Government It became a fiery cross in their general campaign, This did not suit the Government, which had "Vote for a White South Africa". made up its mind to carry out its plan to compel What a Commission found. employers to give preference to White workers, Soon after coming to power in 1948, the regardless of the injustice to Non-Whites and the Nationalist Government appointed the Industrial cost to the economy of the country. Legislation Commission to investigate the work The real purpose. ings of South Africa's labour laws and the trade Until 1951, there was only one legal colour bar unions. Included in its terms of reference was a in the sphere of employment. That was in the direction to inquire into and report upon whether mine*, where skilled work had been reserved for existing laws operated "as an adequate protection Whites only, in terms of regulations under the for all races, and if not, the steps to be taken to Mines and Works Act of 1911. ensure the desired protection". In 1951, Parliament enacted another "colour This Nationalist-appointed Commission con bar" law, the Native Building Workers' Act, mak sidered three possible forms of "protective mea ing it an offence for Africans to perform skilled sures", (i) job reservation on an occupational basis; building work in so-called "White" areas. These
The Black Smsh, July, 1963 6 Die Swart Serp, Julie, 1963 occupation or class of work to be reserved for THE CRIME —APARTHEID workers of a specified race, after an investigation The Black Sash considers that the by the Industrial Tribunal. policy of enforced apartheid is re The first industry to be investigated was the sponsible for most of South Africa's Clothing Industry. After receiving its report the internal troubles and her growing iso Minister decreed, in October, 1957, that four main lation, The articles in this section of categories of work in the industry could hence the Magazine deal with various as forth be done by White workers only. The jobs pects of the policy. Further articles in question were at that date occupied by 4,500 will apear in our next issue. Whites and 35,000 Non-Whites. The Minister's de. cree meant that 35,000 Non-Whites were to be dis ment took special powers to reserve employment charged from their jobs and 35,000 equally com on a racial basis in any industry, trade or occu petent Whites found to replace them. This was a pation. The then Minister of Labour, Senator de palpably preposterous demand on the industry Klerk, explaining the provisions of the law to Par which had no hope of being fulfilled. liament, openly confessed that he was taking the The Government was not in the least perturbed power for use in a depression. He said: by this extraordinary situation. It overcame the "The Department of Labour has always managed difficulty by means of mass exemptions, which to find employment for these women who allowed employers to continue employing Non- clear out of the clothing factories, but how Whites In the jobs reserved for Whites, under long will it last? Now is the time to tackle this permit. matter, because when the recession comes, we This is the essence of the job reservation law. will have the weapon." The State takes the power to direct labour at its The present Minister of Labour, Senator Trol- will. The Minister has the power to withdraw the lip, has added another reason for the powers. In exemptions at any time he wishes to place Whites a Senate debate this year, Nationalist Senator in the jobs held by Non-Whites. Welchardt said, "Work reservation is essential for To date, fourteen job reservation determina the decent type of immigrant who does not want tions have been made and five investigations are to become mixed up with people of a lower men proceeding- In all the undertakings affected, not tality", and he was supported by the Minister, only must the Non-White employees feel insecure, who boasted that he had told a Press conference but their employers can no longer guarantee per when visiting Holland, "We have a law in South manent employment or similar rewards for faithful Africa called 'work reservation' under which our Whites are protected, and I can assure the speaker service. and the others present that if White 'ambags- Economic objections. manne' come to South Africa, they will be pro Many experts have warned of the grave eco tected". nomic dangers in the policy of job reservation. The exclusion from specified occupations of These revealing statements expose in all its ugly Africans, Coloureds and Indians, merely because nakedness the real purpose of job reservation. of their skin colour, bestows employment privi When times are bad and there is a shortage of leges upon Whites, which must weaken their in jobs, the Minister will use his powers to compel centive and seriously affect their standard of employers to lay off Non-Whites and hand their work. jobs over to Whites. It is a declaration that not a Mr. J. D. Hampton, senior lecturer in commerce single Non-White will be allowed to keep his job at the University of Cape Town, writing in the as long as there is a White who can be given it What is even more cruel, is the prospect that a S.A. Journal of Economics, stated: White immigrant will be given preference over "Industrial apartheid prevents the free play of South African Coloureds, Indians and Africans. economic forces in determining the extent of Exemptions. employment of each racial group in the work of secondary industry. Labour mobility is severely The extension of the industrial colour bar in reduced, both geographically and occupation- 1956 was done by way of an addition to the In ally, so that workers cannot be employed in dustrial Conciliation Act. A new clause, Section 77, the jobs for which they are most suited. The euphemistically entitled "Safeguard against inter form and pace of development of industries racial competition" was inserted to enable the must necessarily be severely affected by these Minister of Labour to declare any industry, trade, (Continued Overleaf)
The Black Sash, July, 1963 7 Die Swart Serpt Julie, 1963 THE CRIME — APARTHEID JOB RESERVATION (Continued) which laid down that all member countries should restrictions, which raise costs and reduce the promote equality of opportunity and treatment in efficiency of all South African industrial respect of employment and occupation, for all firms." persons, without discrimination or preference on Dr. S- Biesheuvel* former director of the the basis of race, colour, political opinion, sex, National Institute of Personnel Research, has said religion, national extraction or social origin that job reservation is neither ethical nor eco South Africa has notified the I. U O. that it nomic and that there could be no justification for cannot give effect to this Convention ousting one ethnic group from jobs it was per forming satisfactorily, for the sole purpose of ad In the international trade union field. South vancing another ethnic group. Africa is constantly and widely attacked for its discriminatory labour laws. The International For a developing country like South Africa, Confederation of Free Trade Unions, representing which is constantly crying out for skilled workers, 56-milIion workers, including those of Britain and it is remarkable that the Government should per the United States, which recently urged the sist in setting up artificial barriers against labour United Nations to apply economic and diplomatic advancement in the form of laws such as job sanctions against South Africa, bases its agitation reservation. on laws like job reservation. Unions and Employers oppose Job Reservation. Nobody hurt? In spite of Government claims, the overwhelm Speaking in the Senate last February, the ing majority of trade unions and employers are Minister of Labour challenged the opposition to strongly opposed to job reservation- Two major give him one instance where a worker had been trade union federations, the Trade Union Council displaced from his work on account of job reser of South Africa and the 5.A. Congress of Trade vation. He should have been reminded of the Unions, representing 220,000 workers in 91 unions, Clothing Industry, where a racial quota has been have persistently appealed to the Government to applied. The effect has been that Coloured workers repeal the job reservation law. in top positions in factories which close down or The Federated Chamber of Industries and the move, cannot be employed by other factories Association of Chambers of Commerce of South needing their services because of the racial quota. Africa are also opposed to job reservation, as are Only with the special permission of the Minister many of their affiliated employers* organizations. can such workers find new employment. In some industries, when the Industrial Tribunal In any case, if no one is affected by job reser has conducted job reservation investigations, the vation orders, where is the necessity for them? As employers' organizations and the trade unions I showed earlier, the necessity lies in the ideo have made joint representations objecting to any logical policies of the Government. They want Determinations being made. Such joint represen the autocratic power to decide who shall work tations were made in the Clothing, Textile and and where they shall work. Footwear industries. Unfortunately, too many South Africans have a Bad effect abroad. tendency to accept the acts and decisions of the In the international field, the laws to bar ruling political party without bothering to con workers from jobs because of their race or colour sider their justice, their practicability, their need have brought opprobrium upon South Africa. or their reasonableness. Because the Government Racial discrimination in employment was prob does a thing, they believe it is right Many of ably the main reason for the decision of the 1961 them even think it is disloyal or unpatriotic to conference of the International Labour Organiza denounce unjust laws and protest against cruel tion at Geneva, asking South Africa to withdraw racial discrimination. from the organisation. The I.L.O., which com This attitude towards job reservation will have prises representatives of Governments, employers sad results for many unthinking Whites. In the and employees of all countries of the world, had long run, it will really not give them the protec never taken a decision of this kind against any tion they expect. Yet it is building up a great bit country before terness and resentment among Non-White workers, In 1958 the IX.O, adopted a Convention on Dis which can have damaging effects upon race rela crimination (Employment and Occupational), tions, industrial progress and the general economy.
The Black Sasht July. 1963 Die Swart Serp, Julie, 1963