Fractured solidarities: labour regulation, workplace restructuring, and employment 'flexibility' in Namibia
- Authors: Klerck, Gilton
- Date: 2005
- Subjects: Industrial relations -- Namibia Labor -- Namibia Labor unions -- Namibia Organizational change -- Namibia Labor laws and legislation -- Namibia Casual labor -- Namibia
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3343 , http://hdl.handle.net/10962/d1004898
- Description: A central concern of this thesis is the expansion, distribution and control of 'non-standard' employment in Namibia since independence. The employment relationship has assumed various historical forms under capitalism, each of which corresponds to a specific mode of regulation with distinct structural dynamics. An attempt is made to extend the regulation approach 'downwards' to account for the problem of order in the workplace and to place the employment relationship within its own regulatory framework. The point of departure in this study of the dynamics of labour regulation is the contradictory nature of labour's incorporation, allocation, control and reproduction within the labour market. The employment relationship is never only an economic exchange, but is also mediated through an institutional framework that connects the processes of production and social reproduction, and regulates conflicting interests inside and outside the workplace. This relationship, as critical realists have pointed out, is a product of the indeterminate intersection of several generative structures. The roots of these generative structures can be traced to three sets of social processes: the processes of production and the structuring of labour demand; the processes of social reproduction and the structuring of labour supply; and the forces of regulation. Non-standard employment is viewed as a particular social and spatio-temporal 'fix' for the various regulatory dilemmas generated by the standard employment relationship. This conception underscores the fact that a national system of labour regulation decisively shapes the conditions under which employers are able to casualise a part of their workforce. The differential experience across national boundaries suggests that analytical space needs to be provided for systems of labour market regulation which may either accentuate or moderate pressures for casualisation. Segmentation on the demand side of the labour market is explored through an analysis of the types of non-standard jobs created in different economic sectors. The various forms of employment 'flexibility' tend to vary in importance according to the specific manner in which a firm chooses to compete. Consequently, non-standard employees are distributed in a complex and uneven manner across industrial sectors and the occupational hierarchy, and face a diverse range of possibilities and liabilities that shape their levels and forms of participation in the labour market. By counteracting the homogenisation effects of labour law and collective bargaining, the mobilisation of cheap and disposable labour through non-standard employment contracts allows employers much greater discretion in constructing the wage-effort bargain. With non-standard employment, social and statutory regulation is weak or underdeveloped and hence managerial control is autocratic, with a significant contractual component. Although the changing social composition of the workforce associated with employment 'flexibility' poses serious challenges to the modes of organisation that have long served the labour movement, trade unions in Namibia and elsewhere have been slow to respond to the threats of casualisation. Of concern here, is the extent to which attempts to promote the security of existing union members is compatible with attempts to organise non-standard employees. This thesis shows that the unions have developed a complex amalgam of strategies in their efforts to regulate non-standard employment relationships.
- Full Text:
- Authors: Klerck, Gilton
- Date: 2005
- Subjects: Industrial relations -- Namibia Labor -- Namibia Labor unions -- Namibia Organizational change -- Namibia Labor laws and legislation -- Namibia Casual labor -- Namibia
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3343 , http://hdl.handle.net/10962/d1004898
- Description: A central concern of this thesis is the expansion, distribution and control of 'non-standard' employment in Namibia since independence. The employment relationship has assumed various historical forms under capitalism, each of which corresponds to a specific mode of regulation with distinct structural dynamics. An attempt is made to extend the regulation approach 'downwards' to account for the problem of order in the workplace and to place the employment relationship within its own regulatory framework. The point of departure in this study of the dynamics of labour regulation is the contradictory nature of labour's incorporation, allocation, control and reproduction within the labour market. The employment relationship is never only an economic exchange, but is also mediated through an institutional framework that connects the processes of production and social reproduction, and regulates conflicting interests inside and outside the workplace. This relationship, as critical realists have pointed out, is a product of the indeterminate intersection of several generative structures. The roots of these generative structures can be traced to three sets of social processes: the processes of production and the structuring of labour demand; the processes of social reproduction and the structuring of labour supply; and the forces of regulation. Non-standard employment is viewed as a particular social and spatio-temporal 'fix' for the various regulatory dilemmas generated by the standard employment relationship. This conception underscores the fact that a national system of labour regulation decisively shapes the conditions under which employers are able to casualise a part of their workforce. The differential experience across national boundaries suggests that analytical space needs to be provided for systems of labour market regulation which may either accentuate or moderate pressures for casualisation. Segmentation on the demand side of the labour market is explored through an analysis of the types of non-standard jobs created in different economic sectors. The various forms of employment 'flexibility' tend to vary in importance according to the specific manner in which a firm chooses to compete. Consequently, non-standard employees are distributed in a complex and uneven manner across industrial sectors and the occupational hierarchy, and face a diverse range of possibilities and liabilities that shape their levels and forms of participation in the labour market. By counteracting the homogenisation effects of labour law and collective bargaining, the mobilisation of cheap and disposable labour through non-standard employment contracts allows employers much greater discretion in constructing the wage-effort bargain. With non-standard employment, social and statutory regulation is weak or underdeveloped and hence managerial control is autocratic, with a significant contractual component. Although the changing social composition of the workforce associated with employment 'flexibility' poses serious challenges to the modes of organisation that have long served the labour movement, trade unions in Namibia and elsewhere have been slow to respond to the threats of casualisation. Of concern here, is the extent to which attempts to promote the security of existing union members is compatible with attempts to organise non-standard employees. This thesis shows that the unions have developed a complex amalgam of strategies in their efforts to regulate non-standard employment relationships.
- Full Text:
An analysis of the censorship of popular music within the context of cultural struggle in South Africa during the 1980s
- Authors: Drewett, Michael
- Date: 2004
- Subjects: Censorship -- South Africa Popular music -- Censorship -- South Africa Popular music -- Censorship -- South Africa -- History Popular music -- Social aspects -- South Africa Popular music -- Political aspects -- South Africa Popular music -- South Africa -- History and criticism Protest songs -- South Africa -- History and criticism
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3350 , http://hdl.handle.net/10962/d1007098
- Description: The censorship of popular music in South Africa during the 1980s severely affected South African musicians. The apartheid government was directly involved in centralized state censorship by means of the Directorate of Publications, while the South African Broadcasting Corporation exercised government censorship at the level of airplay. Others who assisted state censorship included religious and cultural interest groups. State censorship in turn put pressure on record companies, musicians and others to practice self-censorship. Many musicians who overtly sang about taboo topics or who used controversial language subsequently experienced censorship in different forms, including police harassment. Musicians were also subject to anti-apartheid forms of censorship,such as the United Nations endorsed cultural boycott. Not all instances of censorship were overtly political, but they were always framed by, and took place within, a repressive legal-political system. This thesis found that despite the state's attempt to maintain its hegemony, musicians sought ways of overcoming censorship practices. It is argued that the ensuing struggle cannot be conceived of in simple binary terms. The works of Antonio Gramsci, Michel Foucault and Pierre Bourdieu, in particular, are applied to the South African context in exploring the localized nuances of the cultural struggle over music censorship. It is argued that fragmented resistance to censorship arose out of the very censorship structures that attempted to silence musicians. Textual analysis brought to light that resistance took various forms including songs with provocative lyrics and titles, and more subtle means of bypassing censorship, including the use of symbolism, camouflaged lyrics, satire and crossover performance. Musicians were faced with the challenge of bypassing censors yet nevertheless conveying their message to an audience. The most successful cases negotiated censorial practices while getting an apparent message across to a wide audience. Broader forms of resistance were also explored, including opposition through live performance, counter-hegemonic information on record covers, resistance from exile, alignment with political organizations and legal challenges to state censorship. In addition, some record companies developed strategies of resistance to censorship. The many innovative practices outlined in this thesis demonstrate that even in the context of constraint, resistance is possible. Despite censorship, South African musicians were able to express themselves through approaching their music in an innovative way.
- Full Text:
- Authors: Drewett, Michael
- Date: 2004
- Subjects: Censorship -- South Africa Popular music -- Censorship -- South Africa Popular music -- Censorship -- South Africa -- History Popular music -- Social aspects -- South Africa Popular music -- Political aspects -- South Africa Popular music -- South Africa -- History and criticism Protest songs -- South Africa -- History and criticism
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3350 , http://hdl.handle.net/10962/d1007098
- Description: The censorship of popular music in South Africa during the 1980s severely affected South African musicians. The apartheid government was directly involved in centralized state censorship by means of the Directorate of Publications, while the South African Broadcasting Corporation exercised government censorship at the level of airplay. Others who assisted state censorship included religious and cultural interest groups. State censorship in turn put pressure on record companies, musicians and others to practice self-censorship. Many musicians who overtly sang about taboo topics or who used controversial language subsequently experienced censorship in different forms, including police harassment. Musicians were also subject to anti-apartheid forms of censorship,such as the United Nations endorsed cultural boycott. Not all instances of censorship were overtly political, but they were always framed by, and took place within, a repressive legal-political system. This thesis found that despite the state's attempt to maintain its hegemony, musicians sought ways of overcoming censorship practices. It is argued that the ensuing struggle cannot be conceived of in simple binary terms. The works of Antonio Gramsci, Michel Foucault and Pierre Bourdieu, in particular, are applied to the South African context in exploring the localized nuances of the cultural struggle over music censorship. It is argued that fragmented resistance to censorship arose out of the very censorship structures that attempted to silence musicians. Textual analysis brought to light that resistance took various forms including songs with provocative lyrics and titles, and more subtle means of bypassing censorship, including the use of symbolism, camouflaged lyrics, satire and crossover performance. Musicians were faced with the challenge of bypassing censors yet nevertheless conveying their message to an audience. The most successful cases negotiated censorial practices while getting an apparent message across to a wide audience. Broader forms of resistance were also explored, including opposition through live performance, counter-hegemonic information on record covers, resistance from exile, alignment with political organizations and legal challenges to state censorship. In addition, some record companies developed strategies of resistance to censorship. The many innovative practices outlined in this thesis demonstrate that even in the context of constraint, resistance is possible. Despite censorship, South African musicians were able to express themselves through approaching their music in an innovative way.
- Full Text:
Rights-based restitution in South Africa : developmental land reform or relocation in reverse?
- Authors: Roodt, Monty
- Date: 2004
- Subjects: Restitution -- South Africa , Land reform -- South Africa , Right of property -- South Africa , Land settlement -- South Africa , Land tenure -- South Africa , South Africa -- Commission on Restitution of Land Rights
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3351 , http://hdl.handle.net/10962/d1007211 , Restitution -- South Africa , Land reform -- South Africa , Right of property -- South Africa , Land settlement -- South Africa , Land tenure -- South Africa , South Africa -- Commission on Restitution of Land Rights
- Description: The main question of this thesis is to what extent the rights-based and market-driven nature of the restitution program has given rise to a legalistic and bureaucratic process that negates both the demand-driven and the developmental aspects of restitution as land reform. I answer this question by showing that the choice of a Constitutional model with a Bill of Rights provides the background for a rights-based land reform program. This is especially true for the restitution sub-program, one of the three branches along with redistribution and tenure of the overall land reform program. I then consider the debate around the property clause, and how its inclusion provided the context for a market and rights-based approach to land reform as opposed to a supply-led administrative approach. Because the property clause as a First Generation right prevents expropriation of land without market-related compensation, a complex and legalistic land reform program falling within the ambit of Second Generation rights was formulated to address the gross imbalance in land ownership in South Africa. I argue that the contemporary origin of Second Generation human rights lies within the context of class and anti-globalisation struggles for democracy, and that they are something to be fought for and defended. I discuss the distinction between First, Second and Third Generation rights and identify four spheres within which the struggle for Second and Third Generation rights takes place within modern democratic states. These are the state, the representative public sphere, civil society and the private sphere. I then deal with the problem of trying to turn "paper rights" into realisable rights for the more disadvantaged sectors of society. I also look at what impedes their realisation. I argue that a number of strategies are necessary to ensure the delivery of Second and Third Generation rights. These are an adequate legislative framework, a good communication strategy, the development of institutional capacity to deliver, and if all else fails, access to conflict resolution mechanisms. I consider the major impediments to the realisation of Second and Third Generation rights to be the way in which they are defined in relation to First Generation rights, especially the property clause, the way in which access to rights-backed resources through formal institutions are mediated by the operation of informal institutions, and the dearth of administrative competence in South Africa. My point is that in order for Second and Third Generation rights to have practical benefit for the dispossessed and poor, extraordinary measures are needed. The Restitution arm of the land reform program provides in theory just such extraordinary measures, albeit for only a section of the population. I analyse the effectiveness of the Land Claims Court in assisting restitution claimants and the rural poor to realize their rights. I trace the slow and haphazard shift from a positivistic statutory interpretation (narrow, literal, legalistic) to a purposive interpretation (informed by the Constitutional spirit and social purpose of the legislation) by the Court. This is followed by an analysis of the restitution business process, which means tracing the path of the claim from lodgement to settlement. I set out the costly, complex and legalistic implementation and policy process in some detail. My argument is that in order for a rights-based approach to overcome the impediments outlined in Chapter 3, as well as the property clause in the Constitution, its architects designed a complex process that in the end proved counter-productive in terms of its original aims. The failure of the process to deliver led in 1998 the then Minister of Land Affairs, Derek Hannekom, to appoint a Ministerial Review to investigate the problems. Problems included: slowness of delivery, the crisis of unplannability, low levels of trust between implementers, and high levels of frustration. Two issues are analysed more fully, the rights-driven approach as opposed to the rights-based approach and the lack of claimant participation in taking control of the restitution process. I examine the relationship of the Restitution Commission to the Department of Land Affairs and to municipal land use planning processes. The emphasis on rights within the restitution program had the effect of distancing restitution, especially in the first few years of the programs' existence, from the rest of the land reform program, as well as from the local government process of formulating land development objectives (LDOs), and the Integrated Development Planning (lOP) process. I look at the Port Elizabeth Land and Community Restoration Association (Pelcra) as a case study as it embodies an approach that tries to move beyond a mere reclaiming of rights in land and attempts to implement a developmental approach. I conclude that the rights-based restitution program in spite of its many shortcomings has had some success. It has moved slowly from an overly legalistic judicial program to a more administrative but still bureaucratic process, that has delivered only 27 percent of its product as land reform, the rest going to monetary compensation mainly in urban areas. Thus it can be argued that restitution has been more successful as a program to promote reconciliation along the lines of the Truth and Reconciliation Commission, than as a land reform program, especially if one regards land reform as the restoration of rural land to the indigenous population. There have also been some successful attempts by the Commission, such as in the case of PELCRA, to integrate the processing of its claims with local government planning processes, but progress in this direction remains patchy.
- Full Text:
- Authors: Roodt, Monty
- Date: 2004
- Subjects: Restitution -- South Africa , Land reform -- South Africa , Right of property -- South Africa , Land settlement -- South Africa , Land tenure -- South Africa , South Africa -- Commission on Restitution of Land Rights
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3351 , http://hdl.handle.net/10962/d1007211 , Restitution -- South Africa , Land reform -- South Africa , Right of property -- South Africa , Land settlement -- South Africa , Land tenure -- South Africa , South Africa -- Commission on Restitution of Land Rights
- Description: The main question of this thesis is to what extent the rights-based and market-driven nature of the restitution program has given rise to a legalistic and bureaucratic process that negates both the demand-driven and the developmental aspects of restitution as land reform. I answer this question by showing that the choice of a Constitutional model with a Bill of Rights provides the background for a rights-based land reform program. This is especially true for the restitution sub-program, one of the three branches along with redistribution and tenure of the overall land reform program. I then consider the debate around the property clause, and how its inclusion provided the context for a market and rights-based approach to land reform as opposed to a supply-led administrative approach. Because the property clause as a First Generation right prevents expropriation of land without market-related compensation, a complex and legalistic land reform program falling within the ambit of Second Generation rights was formulated to address the gross imbalance in land ownership in South Africa. I argue that the contemporary origin of Second Generation human rights lies within the context of class and anti-globalisation struggles for democracy, and that they are something to be fought for and defended. I discuss the distinction between First, Second and Third Generation rights and identify four spheres within which the struggle for Second and Third Generation rights takes place within modern democratic states. These are the state, the representative public sphere, civil society and the private sphere. I then deal with the problem of trying to turn "paper rights" into realisable rights for the more disadvantaged sectors of society. I also look at what impedes their realisation. I argue that a number of strategies are necessary to ensure the delivery of Second and Third Generation rights. These are an adequate legislative framework, a good communication strategy, the development of institutional capacity to deliver, and if all else fails, access to conflict resolution mechanisms. I consider the major impediments to the realisation of Second and Third Generation rights to be the way in which they are defined in relation to First Generation rights, especially the property clause, the way in which access to rights-backed resources through formal institutions are mediated by the operation of informal institutions, and the dearth of administrative competence in South Africa. My point is that in order for Second and Third Generation rights to have practical benefit for the dispossessed and poor, extraordinary measures are needed. The Restitution arm of the land reform program provides in theory just such extraordinary measures, albeit for only a section of the population. I analyse the effectiveness of the Land Claims Court in assisting restitution claimants and the rural poor to realize their rights. I trace the slow and haphazard shift from a positivistic statutory interpretation (narrow, literal, legalistic) to a purposive interpretation (informed by the Constitutional spirit and social purpose of the legislation) by the Court. This is followed by an analysis of the restitution business process, which means tracing the path of the claim from lodgement to settlement. I set out the costly, complex and legalistic implementation and policy process in some detail. My argument is that in order for a rights-based approach to overcome the impediments outlined in Chapter 3, as well as the property clause in the Constitution, its architects designed a complex process that in the end proved counter-productive in terms of its original aims. The failure of the process to deliver led in 1998 the then Minister of Land Affairs, Derek Hannekom, to appoint a Ministerial Review to investigate the problems. Problems included: slowness of delivery, the crisis of unplannability, low levels of trust between implementers, and high levels of frustration. Two issues are analysed more fully, the rights-driven approach as opposed to the rights-based approach and the lack of claimant participation in taking control of the restitution process. I examine the relationship of the Restitution Commission to the Department of Land Affairs and to municipal land use planning processes. The emphasis on rights within the restitution program had the effect of distancing restitution, especially in the first few years of the programs' existence, from the rest of the land reform program, as well as from the local government process of formulating land development objectives (LDOs), and the Integrated Development Planning (lOP) process. I look at the Port Elizabeth Land and Community Restoration Association (Pelcra) as a case study as it embodies an approach that tries to move beyond a mere reclaiming of rights in land and attempts to implement a developmental approach. I conclude that the rights-based restitution program in spite of its many shortcomings has had some success. It has moved slowly from an overly legalistic judicial program to a more administrative but still bureaucratic process, that has delivered only 27 percent of its product as land reform, the rest going to monetary compensation mainly in urban areas. Thus it can be argued that restitution has been more successful as a program to promote reconciliation along the lines of the Truth and Reconciliation Commission, than as a land reform program, especially if one regards land reform as the restoration of rural land to the indigenous population. There have also been some successful attempts by the Commission, such as in the case of PELCRA, to integrate the processing of its claims with local government planning processes, but progress in this direction remains patchy.
- Full Text:
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