The effectiveness of labour legislation in regulating child labour in South Africa: a comparative study of Uganda and the United States of America.

Abstract

The purpose of this study was to analyse the adequacy of South African labour legislation in regulating child labour in South Africa. The study consisted of two parts: a theoretical analysis and an empirical study. The theoretical aspect encompassed a comparative analysis between the South African legislation and policies governing child labour, international regulations on child labour, and the legislation and policies of Uganda and the United States of America on child labour. The study evaluated these South Africa’s minimum standards against the child labour legislation in Uganda and the United States of America. The study investigated the minimum standards under international law for the minimum age of employment, the protection of children from the worst forms of child labour, and the protection of children from excessive and detrimental activities that impede their right to education. The empirical study consisted of an investigation regarding the challenges in addressing of child labour in the city of Pietermaritzburg. The findings between the empirical study and the comparative analysis of the legislative framework highlight significant discrepancies in labour legislation regulating child labour in South Africa. This provides insight regarding the challenges that labour inspectors and social workers encounter in addressing child labour in Pietermaritzburg . The findings of the empirical study highlight those deficiencies that exist in current child labour legislation. The study evaluated the findings of the empirical research against the gaps presented in the comparative analysis between national and international law. This highlighted weaknesses in the current child labour framework in South Africa. The study provides suggestions on how legislation could be improved to enhance the protection of children from child labour. In addition, the study makes recommendations on how government, businesses and society need to collaborate with each other to eradicate child labour.