The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001.  Please see www.state.gov for material released since President George W. Bush took office on that date.  This site is not updated so external links may no longer function.  Contact us with any questions about finding information.

NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein.

Department Seal

flag
bar

TITLE:  SOUTH AFRICA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995







                        SOUTH AFRICA


In a dramatic and historic departure from 46 years of white-
minority rule, South Africans in 1994 participated in the
country's first multiracial election.  During a 2-week period
from April 26 to May 10, South Africans officially replaced the
apartheid regime with a democratically elected Government of
National Unity.  The first nonracial election took place April
26-29, administered, monitored, and deemed substantially free
and fair by an Independent Electoral Commission (IEC), and
observed by thousands of domestic and international monitors.
The new Interim Constitution and Bill of Fundamental Rights came
into effect on April 27, replacing the previous regional
government structure of 4 provinces and 10 homeland territories
with 9 provinces.  Nelson Mandela was inaugurated as President
on May 10, with the previous president, F.W. de Klerk, serving
as one of two Deputy Presidents.  A multiparty Transitional
Executive Council (TEC) served as a bridge between the
dissolution of the old regime and the installation of the new
Government of National Unity.

The African National Congress (ANC), the National Party (NP),
and the Inkatha Freedom Party (IFP), with a total of 377 of 400
seats in the National Assembly, formed the new Government and
shared proportionally the original 27 cabinet positions:  18 for
the ANC, 6 for the NP, and 3 for the IFP.  The National Assembly
and the 90-member Senate, when in joint session, comprise the
Constitutional Assembly which is tasked with formulating South
Africa's new constitution.

Although the security forces, including the newly named South
African National Defense Force (SANDF) and the South African
Police Service (SAPS), are undergoing monumental changes, they
remain a powerful, influential, and highly autonomous force
within the Government.  During the election, the security
forces, especially the then South African Defense Force, had a
pivotal role, maintaining public order and providing the IEC
with logistical support.  Starting in April, the SANDF initiated
the process of integrating into its 65,000-strong ranks 20,000
former members of Umkhonto We Sizwe (MK), the armed wing of the
ANC; 6,000 former members of the Azanian People's Liberation
Army (APLA), the armed wing of the Pan Africanist Congress
(PAC); and 9,000 members of the former homeland armies.  While
the integration will bring the total SANDF force to
approximately 100,000, the military leadership has pledged to
reduce this number to between 65,000 and 75,000 through
voluntary and involuntary resignations.  The SAPS
totals 120,000 and is expected to assimilate 30,000 police from
the former homelands.

In 1994 the SANDF acquitted itself well in internal security
operations, particularly during the state of emergency in
KwaZulu/Natal, but there continued to be credible reports of
torture and unexplained deaths of persons while in police
custody.  Also, the National Peacekeeping Force (NPKF), which
was deployed to some townships during the preelection period,
performed poorly and inadvertently killed at least one person.
The Government disbanded the NPKF following the elections,
incorporating some of its members into the ranks of the SANDF.

South Africa has a diversified and productive economy with
strong agricultural and industrial sectors.  The manufacturing
sector contributes 25 percent to a gross domestic product of
$111.8 billion.  Unequal opportunities and disproportionate
government spending over the years have resulted in illiteracy,
high unemployment, and other social ills among the black
majority.  The unemployment rate in the formal sector is
approximately 46 percent, while over 60 percent of the black
population is either totally without work or employed in the
informal sector.

The year represented a turning point in South Africa's human
rights history.  The new Interim Constitution and the Bill of
Fundamental Rights provides for freedoms of speech, press,
assembly, association, religion, free movement of travel and
domicile, and protection of minority rights.  Section 29 of the
Internal Security Act (ISA), which had permitted the old
government to detain thousands of persons without charge or
trial for indefinite periods, was repealed.

Following the installation of the new Government, there was a
dramatic reduction in political and other extrajudicial killing.
Once the IFP leadership decided to participate in the election
campaign and the elections were held, violent conflict between
the ANC and IFP supporters subsided, and white rightwing
extremists seemed to resign themselves to the inevitable.
Nevertheless, politically motivated violence persisted
throughout the year, especially in KwaZulu/Natal, the IFP's
provincial stronghold, in spite of a state of emergency there
from March 31 to August 31.  Both the ANC and IFP were
responsible for this violence.  The number of unexplained deaths
in police custody also continued at a high level.  The Goldstone
Commission unearthed prima facie evidence which implicated
senior South African Police officers in the supply
of weapons to the IFP.  A team of Dutch human rights monitors
and police experts, as well as investigators from an Independent
Board of Inquiry (a nongovernmental organization whose primary
mission is to investigate political violence and police
misconduct), uncovered a pattern of police torture of detainees
in the Vaal Triangle area of suburban Johannesburg.  Many
knowledgeable observers believe that, in spite of the
constitutional changes and the introduction of human rights
training for the SAPS, improvement in respect for human rights
will only occur once the former SAP leaders have been removed
from office.

The Justice Ministry-drafted bill that recommended amnesty to
those who committed politically motivated crimes between 1960
and 1993 loomed at year's end as a major test for the new
Government in achieving its accountability and reconciliation
goals.  The Government also announced reforms aimed at
strengthening women's rights and its intention to revamp South
Africa's labor relations system by giving a statutory basis to
collective bargaining and improving dispute resolution
procedures.  Violence against women continued to be a serious
problem.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
Freedom from:

     a.  Political and Other Extrajudicial Killing

The level of political and extrajudicial killings decreased in
1994, especially after the April election, but still remained
high.  The December total of 94 politically motivated deaths, as
reported by the Human Rights Committee of South Africa (HRC),
was the lowest monthly figure since February 1991.  The South
African Institute of Race Relations (SAIRR), which always
emphasizes the provisional nature of its year-end statistics,
reported 89 deaths for the month of December.  HRC reports there
were 2,687 politically motivated deaths throughout 1994 (the
corresponding SAIRR figure is 2,367), compared with 4,364 in
1993, and 2,987 politically motivated injuries, compared with
4,339 in the preceding year.  In 1994, 31 persons died in police
custody, compared with 39 in 1993.  In KwaZulu/Natal, there were
1,588 politically motivated deaths in 1994, compared with 2,009
in 1993.  There were 1,631 politically motivated deaths during
the 4 months preceding the election, compared with a much lower
figure of 1,056 deaths during the remaining 8
months of the year.  On the other hand, the number of deaths in
police custody for the 4 months preceding the election and the 8
months following it (11 and 20, respectively) showed almost no
downward swing at all.

There were a number of killings by official forces, elements of
which, it had become increasingly clear through the Goldstone
Commission investigations, had been involved in the past in
covert "third force" activity to foment ANC/IFP conflict.  The
largest number of political and extrajudicial killings were
committed by the rival ANC and IFP, often involving their local
self-defense units (ANC SDU's) and self-protection units (IFP
SPU's).  The vast majority of the violence was concentrated in
KwaZulu/Natal and the East Rand sections of metropolitan
Johannesburg.  There were also killings by homeland security
forces, rightwing extremists, and in the "taxi war" killings by
rival groups, that allegedly involve political undertones.
Killings related to the taxi wars occurred not only in the
Western Cape but in all regions of the country except the Free
State and Northern Cape.  Taxi-related deaths increased sharply
during the final quarter of 1994.  Out of a nationwide total
figure of 184 for the whole year, there were 36 deaths recorded
in October and 39 in November.

In the first incident of targeted political killing since the
1993 murder of Chris Hani, an unknown assailant(s) killed former
Dutch Reformed Church moderator Johan Heyns in his Pretoria home
on November 5.  Although at year's end, the police had no
suspect or confirmed motive, there was widespread speculation
that rightwing extremists had assassinated Heyns for political
reasons.  The apparent professionalism with which the killing
was carried out stunned the population and created anxiety among
parliamentarians and the press about a new round of political
violence.

In February the TEC formed the NPKF, composed of 35,000
"volunteers"--largely MK soldiers, in the hope that it would be
more effective than the SAPS in keeping the peace between the
hostel dwellers (generally IFP supporters) and squatter-camp
residents (generally ANC supporters) in Johannesburg's
townships.  However, on its first assignment in the East Rand,
it performed poorly.  During an April 18 firefight between
township residents, the NPKF was caught in the crossfire and
returned fire wildly, reportedly killing one reporter and
wounding two others.

According to HRC data, 31 persons died in police custody in
1994.  Incident reports on these deaths did not reveal a clear
pattern.  In some cases, those arrested died as a result of
injuries received either during attempted crime or during the
arrest process.  In other cases, those arrested committed
suicide in their police cells.  In a few cases, pathologist
reports confirmed allegations of police abuse and torture at
time of interrogation.  Such incidents, however, are generally
considered to be the exception rather than the rule.

On March 18, the Goldstone Commission released a report in which
it presented prima facie evidence implicating senior South
African Police (SAP) officers in third force activity in
clandestine support of the IFP.  The report specifically
implicated Colonel Eugene de Kock, a police training unit
commander, in the supply of weapons to the IFP.  As a result of
the report, a number of very high-ranking SAP officers retired
from the service, while de Kock himself was arrested and, having
been refused bail, awaited trial at year's end.  Meanwhile, the
Transvaal Attorney General continued to investigate the third
force allegations of the Goldstone Commission.

Similarly, in the widely followed Goniwe inquest, which
concluded May 28, the judge found that, although he was unable
to identify the murderers, there was prima facie evidence
implicating the security forces in the June 27, 1985, killing of
the so-called "Cradock Four," which included Matthew Goniwe and
three United Democratic Front colleagues.  In this case,
evidence included a security force document calling for Goniwe
and his colleagues to "be permanently removed from society as a
matter of urgency."

In the preelection violence, in mid-March the Bophuthatswana
Security Forces (BSF) used lethal force in attempting to put
down protests calling for homeland president Mangope to step
down and terminate Bophuthatswana's nominal independence.  BSF
members killed at least 42 people and injured 150 others during
the protest activity.

The new Government began a formal investigation into KwaZulu
Police (KZP) hit squads in September and also began a
preliminary investigation into ANC hit squad activity in the
KwaZulu/Natal Midlands region.

There were many incidents involving killings by ANC/IFP
supporters.  The greatest death toll resulting from any one
single incident occurred in Johannesburg on March 28, when ANC
and IFP supporters fought during a Zulu-sponsored march in
support of King Goodwill Zwelithini's call for a sovereign Zulu
state and in opposition to the upcoming election.  By the end of
the day, over 50 people had died in the fighting, including 8
persons shot dead in front of ANC headquarters.  After the
election, an ANC minister in the new Government acknowledged
that persons coming from ANC headquarters had also attacked the
marchers during the incident and promised a full investigation.
At year's end the investigation was ongoing, but, according to
most reports, the deaths in this case were due largely to the
ANC/IFP fighting rather than to police intervention in the
melee.

In KwaZulu/Natal, the ANC/IFP preelection conflict resulted in
several ugly episodes, including one on April 12, when IFP
supporters tortured and massacred eight employees of a private
company who were handing out TEC leaflets explaining voting
procedures.

In postelection violence some SDU's, SPU's, and somewhat
politicized criminal gangs continued to kill suspected political
opponents.  The ANC and the IFP did not always have control over
these local vigilante groups.  Observers pointed out that in
areas like Tokoza and Katlehong near Johannesburg, law
enforcement actually remained in the hands of these heavily
armed local groups rather than the SAPS.  In the
Pretoria/Witwatersrand/Vereeniging (PWV) region (soon to be
officially renamed Gauteng), two initial groups of former SDU
and SPU members have already undergone the necessary training to
be integrated into the regular police units.  However, this
program is still regarded as experimental.

In the March political violence in Bophuthatswana (see above),
some 1,500 rightwing extremists arrived in the homeland,
allegedly at the request of the homeland president, to help
stabilize the territory.  In the process, a Bophuthatswana
police officer executed two of the white extremists in full view
of television cameras.  The violence ended when the TEC sent in
the SADF to restore order and placed the homeland under TEC
central authority.

Not only in Bophuthatswana did white rightwing groups, such as
the Afrikaner Weerstandsbeweging (AWB), engage in extensive
violence prior to the election.  In the week immediately
preceding the election, there were 13 separate bombings
throughout the PWV region, mainly attributed to rightwing
extremists.  These incidents caused 23 deaths and 179 injuries.
Since April no significant incidents or organized, politically
motivated violence have occurred which might be directly
attributable to rightwing extremists, although many observers
believed that rightwing elements assassinated prominent church
leader Johan Heyns on November 5 (see above).

     b.  Disappearance

There were no reported cases of disappearances caused by
official forces.  However, neither the TEC nor the new
Government initiated any new investigations into past
disappearances, in the hopes that the still to be established
Truth and Reconciliation Commission will investigate cases such
as that of the 1988 disappearance of community activist Stanza
Bopape.

     c.  Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment

Although the Interim Constitution stipulates that "no person
shall be subject to torture of any kind, whether physical,
mental or emotional, nor shall any person be subject to cruel,
inhuman or degrading treatment or punishment," there were
credible reports that, both before and after the Interim
Constitution came into effect, police tortured and severely
mistreated detainees in their custody.

In one of the most egregious examples, credible reports indicate
a pattern of systematic torture of police detainees by the
members of the Vanderbijlpark Murder and Robbery Unit in the
Vaal Triangle area of suburban Johannesburg.  At year's end, a
team comprising a Witwatersrand/Vaal Triangle police officer, a
representative from the Independent Board of Inquiry, three SAPS
colonels, and police experts from the Netherlands and the United
Kingdom, had conducted a detailed investigation of 121 cases of
torture, the vast majority of them involving the Vanderbijlpark
Murder and Robbery Unit.  Of these 121 cases, at least 29 had
been completed and forwarded to the Attorney General for action.
By the end of 1994, the Attorney General had decided to
prosecute in 7 cases involving 12 police officers.  The Attorney
General declined to prosecute in 5 cases, and the remaining
cases were still pending.  In the meantime, the authorities
transferred four police officers out of the Vanderbijlpark Unit,
pending further investigation.  The initial findings indicated
that, among the alleged torture methods, officers of the 
Vanderbijlpark Murder and Robbery Unit frequently employed electric 
shock.

There were other reported incidents of police torture elsewhere
in South Africa, often involving "tubing", a method of
smothering the nose and mouth of torture victims with a rubber
tube, thereby making it virtually impossible for them to
breathe.  For example, in August, internal stability unit
members from Mtubatuba, Northern Natal, allegedly assaulted an
ANC-supporting shop steward with a rubber tube at the police
station in Ngwelezane.

From the outset the new Government gave a high priority to
addressing the issue of police brutality and the need for
institutional reform, especially in the light of the Goldstone
Commission findings.  More recently, the existence of heavily
armed local groups has complicated law enforcement
responsibilities (see Section 1.a.).  On May 25, the Minister
for Safety and Security announced plans for a comprehensive
reorganization of the SAPS, including decentralization of the
command structure, the promotion of more women and blacks into
senior officer ranks, and introduction of a new institutional
culture in support of democratic constitutional rights.  During
the year, there were new programs aimed at furthering police-
community relations, and the Lawyers for Human Rights (LHR), one
of the foremost human rights advocacy groups in South Africa,
regularly conducted human rights education and training
workshops for police officers and instructors at police colleges
throughout the country.  Nevertheless, at year's end the
effectiveness of these measures in reducing SAPS abuses had yet
to be demonstrated.

In general, prison conditions are poor but not life threatening.
The Department of Correctional Services has traditionally
refused to provide information on prison operations, but there
were reports that inmates and prison guards killed some
prisoners.  After several prison riots instigated by the South
African Prisoners Organization for Human Rights (SAPOHR), the
President created the Commission of Inquiry into the Unrest in
Prisons.  During Commission hearings, SAPOHR cited widespread
human rights abuses in prisons, including deaths, assault,
harassment, and other physical and psychological abuse.  At
year's end, the Commission's report had not yet been made
public.

Female prisoners normally enjoy better conditions than do their
male counterparts; women's facilities are generally cleaner and
less austere.  In an effort to reduce prison overcrowding, the
Government granted an amnesty in 1994 to all female prisoners
with children under 12, if they had been convicted of nonviolent
crimes.

South African prisons offer no special services nor protection
for juvenile inmates, thereby leaving them vulnerable to abuse.
Although by law persons between the ages of 18 and 21 are
considered "juveniles" and must be incarcerated away from adult
prisoners, this is often not the case.  As a result there is
widespread rape and sexual exploitation of juveniles by adult
prisoners who are sometimes aided and abetted by warders.
Juvenile prostitution is common in the prisons.  The
conservative leadership of the Department of Correctional
Services has resisted pressure to address this problem or to
implement policies on AIDS awareness and prevention.

According to the Department of Correctional Services, as of
December 1, l994, there were 613 children under age 18 serving
prison sentences and 665 children awaiting trial.  On May 24,
President Mandela ordered all relevant government departments to
take immediate steps to empty South Africa's prisons of children
and place them in suitable alternative care.  In addition, the
Correctional Services Amendment Bill, which was tabled before
Parliament on August 24, is designed to humanize the treatment
of children upon their arrest.  In a September 20 amendment to
the draft bill, the Parlimentary Standing Committee on
Correctional Services provided that, following arrest, children
under 14 could not be detained for longer than 24 hours without
being afforded an opportunity to appear in court.  In addition,
following a court appearance, they would have to be located in a
place of safety or in a foster home rather than be incarcerated.
Children between the ages of 14 and 18 could be incarcerated
following a court appearance but only for a maximum of 48 hours.
However, in November, the Advisory National Working Group on
Children in detention/alternative centers indicated that the
September 20 amendment could not be implemented because all
existing alternative care facilities were already occupied by
other children.  At year's end, this problem awaited
consideration in the January 1995 session of Parliament.

By agreement with the Government, the International Committee of
the Red Cross (ICRC) has access to all inmates in South African
prisons and to all police station detainees.  The ICRC provides
the authorities with reports of any substandard prison
conditions it encounters, but does not publish its findings.
However, the South African Prisoners Organization for Human
Rights (SAPOHR) does publish its findings.

     d.  Arbitrary Arrest, Detention, or Exile

The Interim Constitution prohibits detention without trial.  In
April the National Assembly repealed portions of the Public
Safety Act (PSA) and the Internal Security Act (ISA), which
permitted indefinite detention of persons without charge or
trial.

Under the Interim Constitution, every "detained person" has a
number of rights, including the right to be informed promptly of
the reasons for detention; to be charged within 48 hours of
arrest; to be detained in conditions of human dignity; to
consult with legal counsel at every stage in the legal process;
to communicate with relatives, medical practitioners, and
religious counselors; and to be released with or without bail,
unless the interests of justice require otherwise.  At year's
end, most courts and police appeared to be acting in good faith
to respect these rights, although there was a lack of uniformity
in application at some levels.

According to the HRC, the authorities detained 270 persons
without charge from January 1 through May 15 under the old laws,
but had detained no person since then unless properly charged.
Throughout the year, the Advisory Commission on Indemnity and
Amnesty, chaired by LHR national director Brian Currin,
continued to process amnesty and indemnity applications by those
claiming to be political detainees or prisoners (see Section
1.e.).

     e.  Denial of Fair Public Trial

The Interim Constitution's section on fundamental rights
provides for due process, including the right to a fair, public
trial, with counsel and within a reasonable time of being
charged; and with the right of appeal to a higher court.  That
Constitution also provides for an independent and impartial
judiciary subject only to the Constitution and the law.  The
Constitution established the Constitutional Court as the supreme
arbiter of constitutional questions and overturned the principle
of parliamentary sovereignty, which, under the old system,
restricted courts' authority to alter or strike down laws.  This
change removed a key obstacle to maintaining judicial
independence.

The new Court was expected to begin hearing cases in early 1995.
Its 11 members, who will serve 7-year terms, were selected by a
process which attenuates direct political influence:  While 5 of
the 11 Constitutional Court judges were directly chosen by the
State President, the remaining 6 judges were selected by the
President from a list of 10 nominees submitted by the Judicial
Service Commission (see Section 3).

The relationship between the Constitutional Court and the
Appellate Division of the Supreme Court in Bloemfontein (which
was formerly the country's supreme judicial body) remains
unclear, as does the extent to which appellants will be
permitted to seek Constitutional Court review as a right, rather
than at the Court's discretion.

Judges try criminal cases; the jury system was abolished in
1969.  The Supreme Court or in one of its provincial divisions
try serious offenses, including capital crimes.  Magistrates,
who are career civil servants, hear lesser offenses.  The
presiding judge or magistrate determines guilt or innocence.

While initial indications point to good-faith efforts by South
African authorities to ensure fair public trial, delays in
implementation of due process rights are widespread.  In
particular, pretrial delays still plague the criminal justice
system, which sometimes result in the obstruction of justice.
The delays are due to a combination of poor court management and
the growing exercise of the right to counsel, coupled with the
inability of legal aid structures to cope with demand in a
timely fashion.

Critics continued to charge that the judiciary remained a
bastion of de facto apartheid.  White males have always
dominated the bench, as well as the senior members of the bar
from whose ranks judges have been chosen.  As a result, extreme
racial and gender imbalances continue.  President Mandela noted
in September that the country's 94 judges include only 1 black
and 2 women (both white).  In addition, only 37 of 1,088
magistrates, 37 of 172 senior counsel, and 1,180 of 8,300
attorneys are black.  In late December, Durban attorney
Navanthem (Navi) Pillay became the first black woman in South
African history to be appointed a judge; she will serve on the
Natal Supreme Court bench.

President Mandela vowed to act promptly to redress these
imbalances.  The Government adopted policy changes to permit the
appointment of attorneys and law professors as Supreme
Court judges.  This greatly broadened the pool from which judges
can be selected and should help to create a more diverse and
representative bench.

During the year, the Mandela Government also began to address
the controversial issues of both amnesty and punishment for past
human rights abuses.  The Cabinet debated a draft bill which
would create a "Truth and Reconciliation Commission."  This
Commission would investigate political crimes and human rights
abuses committed, inter alia, by members of the apartheid-era
government security apparatus, rightwing extremist groups and
antiapartheid liberation movements.  In addition, the Commission
would authorize reparations and other compensatory measures for
victims and relatives of victims of certain abuses.

In the draft bill, which has been circulated for comment, the
cabinet agreed that the Commission would cover crimes and abuses
committed between March 1, 1960, and December 6, 1993, and that
the approximately 10 members of the Commission would be
independent and would be appointed by the President upon the
recommendation of Parliament.  It was expected that the
commissioners would complete their work within a period of 12 to
18 months.  The Commission would have three committees to handle
amnesty and indemnity, human rights violations, and reparations
to and rehabilitation of victims.  The draft bill instituting
the Commission is expected to be debated in the January 1995
session of Parliament.

The number of political prisoners still held at year's end was
unknown, but was believed to be in the low hundreds.  The
Advisory Committee on Indemnity and Amnesty had by year's end
processed more than 1,200 applications from persons claiming
they were political prisoners or facing political charges.  The
Committee recommended about 250 cases for amnesty.  According to
the HRC, the authorities had granted indemnity to 69 political
prisoners in late November, pursuant to Committee
recommendations, and earlier had released over 90 at the
Committee's behest.

In addition to those mentioned in Section 1.a., there were
several other important cases in which the courts sentenced
offenders for past human rights abuses.  For example, on March
30, the Pretoria Supreme Court convicted 17 hostel-dwellers,
presumed to be IFP supporters, for the massacre on June 17,
l992, of 45 people at the Boipatong Township squatter camp, an
area of ANC support.  Also, on May 11, the Rand Supreme Court
sentenced to death six white rightwing extremists for the murder
of four blacks, including an 11-year-old child, at a roadblock
near Randfontein on December 12, 1993.

     f.  Arbitrary Interference With Privacy, Family, Home, or
Correspondence

Police and security forces retained the legal authority to
engage in domestic surveillance activities, including the use of
informers.  However, informed observers believe that under the
country's dramatically changed political environment the use of
this authority has been limited to the pursuit of legitimate law
enforcement and national security objectives.

Before the Interim Constitution came into force, police had
sweeping powers of search and seizure in magisterial districts
that had been declared "unrest areas," under the provisions of
the Public Safety Act.  The provisions of the Act that allowed
for the declaration of "unrest areas" are no longer operative,
and police searches in all of South Africa must now be conducted
in accordance with the Criminal Procedure Act of 1977.  This Act
requires that a warrant be issued by a magistrate before a
search can be conducted, unless there are reasonable grounds to
suspect that evidence would be destroyed in the time that it
would take to obtain one.  Despite the widespread anticipation
that some provisions of the Criminal Procedures Act will be
challenged as being unreasonable infringements of the right to
privacy, all South Africans now generally enjoy protection from
unreasonable searches and seizures.

The legacy of apartheid has left vast numbers of South Africans
landless; more than 8 million people now live in squatter camps
which often surround settled communities.  The Prevention of
Illegal Squatting Act gives landowners and local governments the
authority to remove informal settlements without reference to
the courts.  Despite widespread preparedness on the part of the
central Government and many local authorities to seek
accommodation with squatters, some municipalities, landowners,
and, in one case, rightwing vigilantes, have demolished shacks
as a means of forcing squatters to move.

Although the problem of forced relocation of residents of
informal settlements was most pronounced prior to the April
election, forced relocations continued throughout the year.  The
most notable of these incidents occurred in early June when the
Johannesburg City Council, without securing a court order
or legal judgment, demolished two squatter settlements on city
land.  Unauthorized land invasions by squatters also continued
sporadically throughout the year, a practice severely decried by
the Government as inimical to the housing strategy it devised as
part of its Reconstruction and Development Program.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedoms of speech and press, and
these rights are respected in practice.  Both the mainstream and
the so-called alternative press kept the public well informed
and criticized both the Government and the opposition.

The South African Broadcasting Corporation (SABC), once seen as
the Government's mouthpiece, continued to undergo profound
changes under the direction of a new board of directors and a
new group manager.  Parliament established the Independent
Broadcasting Authority (IBA) in 1993 to oversee restructuring
the broadcasting industry and to issue licenses.  At year's end,
the IBA began to issue temporary community radio licenses, but
the process was a slow one.  By early December, the IBA had
issued only one license, for Radio Maritzburg, although more
were expected in January 1995.  Radio and television news
reporting from both the SABC and the privately owned Radio
Station 702 appeared balanced.

Although rarely invoked, considerable legislation remained on
the books that permit the Government to restrict the publication
of information about the SAPS, SANDF, petroleum issues, prisons,
and mental institutions.  In August the Minister of Defense
sought a court order interdicting an alternative weekly
newspaper from publishing articles about the SANDF Directorate
of Covert Collections.  However, the Minister refrained from
proceeding with the action in the face of intense opposition
from the press and the ANC.

While there were no instances of government-or police-
sanctioned harassment of the press, there were cases of
harassment of journalists by supporters of white rightwing
organizations prior to the election.  AWB supporters manhandled
an African-American journalist and two black colleagues at a
rightwing rally; and rightwing supporters harassed and beat two
other American reporters during unrest in Bophuthatswana.
Earlier in the year, rightwingers harassed an African-American
journalist at a Volksfront party rally.  There were no such
incidents since the election in April.

The Internal Security Act still allows the Government to ban
organizations and their publications.  Prohibitions against the
publication of material deemed to be pornographic are also still
in effect, but enforcement of such bannings became less frequent
after the election.

During the year, Parliament repealed the Newspaper Registration
Act of 1971, which required newspapers to register with the
Ministry of Home Affairs and pay a certain fee.  Many observers
considered this Act an impediment to freedom of the press, since
it permitted the Government to withhold registration if it
opposed a particular publication.

There are no official restrictions on academic freedom.

     b.  Freedom of Peaceful Assembly and Association

Political parties and organizations exercise broad
constitutional freedoms of assembly and association.  Although
the legal framework governing public meetings and demonstrations
comprises nine different apartheid-era laws, police policy is
now to act in accordance with the Regulation of Gatherings Act
which, at year's end, awaited the signature of the President.
This Act promulgates recommendations on public gatherings that
were made by the Goldstone Commission; it requires local
governments, demonstration organizers, and the police to
cooperate in order to facilitate the exercise of the right to
peaceful assembly.  The authorities may prevent demonstrations
only under extreme circumstances, and, even then, the Act
provides for judicial appeals.

Despite declared police adherence to the Regulation of
Gatherings Act, there were several controversial incidents in
July and August in which the police acted forcibly to prevent an
"illegal gathering," pursuant to a court order issued under
existing laws.  Police used excessive force to disperse these
gatherings and the HRC said the police "appeared to be reverting
to their old habits by breaking up peaceful demonstrations with
dogs, rubber bullets, and tear gas."  Although legal, observers
said the use of force in these instances was inappropriate.

Prior to the April election, there were incidents impeding
political assembly and association.  The police used the
emergency and unrest provisions of the Public Safety Act on
numerous occasions to prohibit political meetings and
demonstrations, usually to reduce violence.  In the former
homeland of Bophuthatswana, local officials banned most
political organizations and prohibited political meetings and in
the KwaZulu homeland officials used their authority to hamper
severely political activity by groups other than the IFP.  The
climate of violence that existed in many parts of KwaZulu and in
some East Rand townships resulted in so-called no-go areas
where, in some cases, leaders of the ANC and, in others, leaders
of the IFP could not organize meetings without risk to their
lives.  The National Party and the Democratic Party also
experienced difficulty in organizing rallies in some areas.  ANC
and IFP sympathizers shared culpability for this situation.

     c.  Freedom of Religion

The Constitution provides for freedom of religion.  There were
no known cases of restrictions being placed on the expression
and practice of religious belief, nor on proselytizing.

     d.  Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation

The Interim Constitution stipulates freedom of movement,
including travel abroad, choice of residence, and safeguards on
citizenship.  Neither the preelection government nor the new
nonracial, democratically elected Government restricted the
movement of South Africans domestically or their freedom to
travel overseas, emigrate, or repatriate.

Although the United Nations High Commissioner for Refugees
(UNHCR) continued to assist with the repatriation of South
African exiles under its September 1991 mandate, the flow of
these returnees had almost come to an end.  By year's end,
approximately 14,000 exiles had returned, including 7,303 who
returned with UNHCR assistance and an estimated 6,000 who
voluntarily repatriated under other auspices.  An additional
3,500 exiles remained registered with the UNHCR and cleared for
repatriation, but they had chosen not to return.

Illegal immigration became a growing political issue during the
year, and the SANDF increased border control measures.  In
December Minister of Defense Joe Modise told a press conference
that the controversial electrified fence along South Africa's
border with Mozambique had been switched off.  Both the
Department of Home Affairs (DHA) and private monitoring groups
conservatively estimated that 2 million refugees and illegal
immigrants currently reside in South Africa, of whom 70 percent
are from Mozambique and the remaining 30 percent are from other
African countries, Eastern Europe, and the Far East,
particularly China and Pakistan.  Prior to the October 4, 1992,
Peace Accord in Mozambique, civil unrest drove Mozambicans
across the border.  In recent years, they seem increasingly
attracted by better economic opportunities in the Transvaal and
KwaZulu/Natal.

There has been close cooperation between the UNHCR and the
Government to ensure UNHCR protective services to Mozambicans
and others wishing to apply for refugee status.  In agreement
with the Mozambican Government, the UNHCR initiated on January
10, 1994, the organized voluntary repatriation of Mozambican
immigrants.  Under the Aliens Control Act, the DHA may
involuntarily repatriate persons who do not qualify for refugee
status to their countries of origin.  According to the DHA,
between January 1 and December 31, South Africa involuntarily
repatriated a total of 90,692 illegal immigrants.  Of these,
71,279 were Mozambicans.  The only other countries to which the
DHA repatriated significant numbers of illegal immigrants were
Zimbabwe with 12,931 and Lesotho with 4,073.

Although there is widespread recognition of the distinction
between bona fide refugees/asylum seekers and illegal
immigrants, this distinction is not well rooted among front-line
immigration officials.  Any so-called foreigner who is arrested
and found not to possess the proper documents is often
automatically considered to be an illegal immigrant and is
summarily deported.  Asylum seekers, who often have to wait 2
years for their scheduled case-determination interview, are
typically issued a "Section 41" document permitting them to
remain in the country and even seek employment, pending results
of their interview.  However, some police officers fail to
recognize this document and have harassed asylum seekers.

Section 3  Respect for Political Rights:  The Right of Citizens
to Change Their Government

On April 26-29, South Africa for the first time held a nonracial
election in which all citizens were allowed to participate.  The
election was peaceful and was pronounced "substantially free and
fair."  As a result, the TEC, which had been created in 1993, as
well as the old National Party government, gave way to a
Government of National Unity.  At the
national level, 19 parties stood for election, with 7 gaining
enough votes to be represented in the National Assembly.  These,
ranked by number of seats obtained, were:  the ANC, the NP, the
IFP, the Freedom Front (FF), the Democratic Party (DP), the PAC,
and the African Christian Democratic Party (ACDP).

South Africa will be governed until 1999 by an Interim
Constitution which allows for executive power sharing among
political parties, based on the proportion of the vote they
received in the April election.  It provides for a bicameral
parliament, an executive state president, and an independent
judiciary which, for the first time, includes a Constitutional
Court.

The Parliament comprises the National Assembly and the Senate,
and, when in joint session, serves as the Constitutional
Assembly.  According to the Interim Constitution, the
Constitutional Assembly is required by April 1996 to draft and
approve a new and permanent constitution which is consistent
with 34 constitutional principles.  If it fails to do so, it
will be dissolved, and a new election will be held.  If it
succeeds, it will remain in office until 1999, when a fresh
election under the new permanent constitution will be held.
This permanent constitution will have to be reviewed and
approved by the Constitutional Court (see below).

The National Assembly is made up of 400 members elected by a
system of "list proportional representation."  Each of the 19
parties which appeared on the ballot submitted a rank-ordered
list of candidates.  The voters then cast their ballots for one
party.  Seats in the Assembly were allocated based on the
percentage of votes each party received.  Even though the ANC
gained a majority of 252 seats in the 400-seat Parliament, it is
required to share power at the cabinet level with the NP which
gained 82 seats and with the IFP which gained 43 seats.

The Senate consists of 90 members, 10 from each of the nine
provinces created under the Constitution.  With a few
exceptions, the Senate has coequal legislative powers with the
National Assembly.

In addition to President Mandela, who is the Executive Head of
State, South Africa has two Executive Deputy Presidents, Thabo
Mbeki, representing the ANC, and F.W. de Klerk, the former
president, representing the NP.  A constitutional amendment in
September created an additional 28th cabinet seat beyond the
original maximum of 27 seats provided for in the Interim
Constitution.  Any party holding at least 20 seats in the
Assembly is entitled to a proportionate share of cabinet seats.
According to the Constitution, the Cabinet must in the first
instance seek consensus.

The Interim Constitution provides for a Constitutional Court
whose responsibility is to interpret, defend, and enforce the
Constitution.  The Court will have the power to overturn any law
or executive act that it deems unconstitutional.  Chapter three
of the Constitution delineates over 25 fundamental rights of a
South African citizen which it is the Court's duty to protect.
The Constitutional Court must rule on whether the constitutions
adopted by the Constitutional Assembly or any of the provinces
are consistent with the Interim Constitution's constitutional
principles.  The 11 judges of the Court were named in October,
and they were expected to begin hearing evidence on their first
case, concerning the legality of the death penalty, in January
1995.

The first major test for the government coalition centered on
the Justice Ministry's draft legislation designed to foster
national reconciliation (see Section 1.e.).

There are no legal impediments to women's participation in
government and politics.  In fact, a record 106 women sit in the
new 400-member National Assembly and 16 women in the 90-member
Senate.  A woman, Dr. Frene Ginwala, was elected speaker of the
National Assembly, and women parliamentarians have formed a
caucus in order to press for legislative and other solutions to
problems of sex discrimination.  However, women are less well
represented in the Cabinet where only 3 out of 28 ministers and
3 out of 13 deputy ministers are women.  There are no women
among the 9 provincial premiers.

Section 4  Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights

The new nonracial, democratically elected Government has
continued to pursue the preelection government's practice of
permitting an increasingly broad range of domestic and
international organizations to monitor, investigate, and report
on human rights issues.

On August 22, the Senate passed legislation creating the Human
Rights Commission and the Office of Public Protector, two bodies
for the protection of human rights which the Interim
Constitution mandated.  The Parliament's Standing Committee on
Justice has insisted that the Office of Public Protector, whose
task is to investigate abuse and maladministration by
government, should maintain its independence of the executive
branch.  Accordingly, Parliament will appoint the Public
Protector and determine compensation and conditions of service.

Throughout the first 4 months of 1994, when the most intensive
election campaigning took place, the United Nations, the
European Union, the Commonwealth of Nations, and the
Organization of African Unity stationed observers in South
Africa to monitor campaign activities and any violence related
to them.  These observers attended marches, demonstrations, and
other mass events, monitoring compliance by all participating
organizations with both the principles of the National Peace
Accord and the guidelines of the Goldstone Commission governing
marches and political gatherings.  The observer groups enjoyed
complete freedom of access to all geographic areas,
institutions, and personalities, except in the then homeland of
Bophuthatswana.

The central and most provincial governments also welcomed visits
and suggestions by, and cooperated with, a number of
international nongovernmental human rights organizations
(NGO's).  However, while authorities in the Gauteng (ex-PWV)
region granted complete access to NGO's to detention cells,
those in Northern Natal, under the state of emergency,
restricted NGO access.  This disparity in responsiveness between
the Gauteng and KwaZulu/Natal provincial governments has
persisted since the election.

As noted in Section 1.c., the Government granted the ICRC access
to all prisoners and detainees.  Prior to the April election,
the former Bophuthatswana government resisted ICRC relief
activities but did give the ICRC access to prisons.  However,
after the election, ICRC has had complete access to prisoners
and detainees throughout the country, including during the state
of emergency in KwaZulu/Natal.  The Government's receptivity to
ICRC prison visits is especially noteworthy in view of widely
publicized charges by the South African Prisoners Organization
for Human Rights concerning poor prison conditions (see Section
1.c.).

Section 5  Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status

The Constitution explicitly prohibits discrimination on grounds
of race, gender, ethnic or social origin, color, sexual
orientation, age, disability, religion, conscience, belief,
culture, or language.

     Women

Discrimination against women, particularly against black women,
remains a serious problem despite legal and constitutional
advances in 1994.

There is still a high rate of domestic violence against women.
According to the Department of Justice, between December 1993
and July 1994, magistrates issued some 5,207 restraining orders
in response to complaints of domestic violence.  A Human
Sciences Research Council study indicated that 43 percent of
women questioned said that they had been victims of marital rape
and assault, and more than half also knew of other women who had
been battered.  When contacted for assistance, police and
community services were, in most cases, reluctant to intervene
on a woman's behalf.  Over 50 percent of murdered women died at
the hands of their male partners.

The recent overall increase in violent crime in South Africa has
also been reflected in the level of crimes against women.
According to the latest available statistics from the South
African Police Service, there were 25,298 incidents of rape
reported nationwide during the period January 1 through October
31, 1994, involving women 18 years of age and older.  This
represents a 17 percent increase over the 21,543 incidents of
rape reported for the corresponding period in 1993.  In 1992
there were 23,675 rapes reported but only 6,131 rapists
convicted.  In cases of rape accompanied by extreme violence,
offenders can receive stiff sentences, including life
imprisonment.  In September there were several well publicized
cases of forced prostitution involving South African and foreign
(Asian and other African) women in Johannesburg.  During raids,
police arrested women and establishment operators but not male
patrons.

In late 1993, Parliament passed the Promotion of Equality
Between Men and Women Act and the Prevention of Family Violence
Act.  In August the Department of Justice released a family
violence brochure and a poster explaining the protections
afforded women and children under the new legislation.  Women
who know their rights can apply to a judge or a magistrate for
an injunction prohibiting a partner from acting violently
against them.

Discrimination against women in traditional law remains.  In
September Home Affairs Minister Mangosuthu Buthelezi promised
that the KwaZulu/Natal legislature would abolish discriminatory
customary laws under which women are considered and treated as
minors.  Such laws exist among other ethnic groups, too, where
they remain unchallenged.

Women's rights groups continue to press the Government to enact
legislation to protect women in customary marriages, to provide
equal fringe benefits for women in the workplace, and to
legislate equal taxation for women.  In response, the new
Government has repeatedly proclaimed its commitment to women's
rights and to a "nonsexist" South Africa.  Even prior to the
April election, the TEC had created a Subcouncil on the Status
of Women.

     Children

The Interim Constitution stipulates that children have the right
"to security, basic nutrition, and basic health and social
services."  Although the Government is committed to providing
these services and to correcting past race-based imbalances, it
is still developing the mechanisms for delivering the necessary
services.  Best estimates indicate that between 25 and 33
percent of South Africa's children suffer from chronic
malnutrition or stunted growth.

Special programs known as "Presidential Initiatives" (owing to
President Mandela's interest in them) are part of the
Reconstruction and Development Program and offer free health
care to pregnant mothers and children under 6 and provide a
nutritional feeding for primary school children.  These programs
are aimed at correcting imbalances such as those reflected in
the infant mortality rate, which is 6 per thousand among whites
compared with 66 per thousand among blacks.

Violence against children is widespread, including in prisons
(see Section 1.c.).  From January through November 30, the South
African Police Service's child protection unit investigated
20,624 crimes against children, including 6,670 cases of rape,
3,598 cases of indecent assault, and 2,949 cases of common
assault.  Many NGO's, such as the National Children's
Rights Committee, are working to enhance the quality of life of
South Africa's children.  At year's end, the public awaited a
report from the Goldstone Commission on its investigation into
the effects of violence on children.

     National/Racial/Ethnic Minorities

With the adoption of the Interim Constitution and Bill of
Fundamental Rights, and the near-total repeal of the race-based
statutes of the apartheid era, South Africa has theoretically
eliminated all forms of racial discrimination.  Many private
sector companies and institutions have initiated their own
affirmative action programs in an effort to correct workforce
imbalances and avoid government-instituted programs.  However,
de facto discrimination is still widespread, and the white
minority still controls much of the power and wealth.

The Government has begun reorganizing and redesigning the
educational, housing, and health-care systems to benefit all
racial and ethnic groups in society more equally, but until the
work is completed, de facto discrimination continues in all
these areas.

     People with Disabilities

In 1994 South African society continued to promote an
increasingly modern concept of people with disabilities as a
self-empowered minority whose civil rights must be protected.
This approach is reflected most notably in the Interim
Constitution and Bill of Fundamental Rights which includes
disability as a basis for nondiscrimination.

During the April 26-29 election, the IEC made extensive efforts
to enable disabled citizens to vote, including the use of mobile
polling stations.

In 1986 the NP government incorporated architectural
specifications into the National Building Code to ensure equal
access to public buildings for the physically disabled.
However, these have rarely been enforced and, until recently,
public awareness of them was virtually nonexistent.  The
National Environmental Accessibility Program, an NGO whose
affiliated members comprise disabled consumer as well as service-
provider groups, has now established a presence in all nine
provinces in order to lobby for compliance with the regulations
and to sue offending property owners, as necessary.

According to the LHR, the public service staff code health
requirements are unnecessarily invasive and attempt to identify
the limitations of job applicants rather than their
capabilities.  These requirements equate disability with ill
health and thus reinforce the notion that disabled people are
unhealthy and unfit for work.  Government personnel managers
have used the wide discretion allowed them to prevent disabled
people from gaining permanent employment status.  At year's end,
the government department responsible for the Reconstruction and
Development Program (RDP) and Disabled People South Africa, the
principal South African civil rights organization of people with
disabilities, were negotiating the appointment of an official to
ensure that all RDP projects take account of the needs of
disabled South Africans.

Section 6  Worker Rights

     a.  The Right of Association

The Labor Relations Act entitles all workers in the private
sector to join labor unions of their choosing.  There are 201
registered trade unions and 47 unregistered unions, with a total
approximate membership of over 3 million workers or 45 percent
of the employed, economically active population.  Probably more
than half of all union members are black.

At year's end, the Government was drafting a new labor relations
act designed to consolidate and simplify South African labor
law.  Currently, South African labor relations are characterized
by a patchwork of labor law and practice largely designed to
inhibit or restrict trade union organization and activity.  The
result is an uneven and sometimes volatile labor relations
climate in which trade unions must rely as much on their own
organization and strength as on their legal rights to achieve
their objectives.

The Congress of South African Trade Unions (COSATU) is formally
allied with the ANC and the South African Communist Party.  Over
60 COSATU members serve in national and provincial legislatures
and administrations.  The second largest trade union federation,
the National Council of Trade Unions (NACTU), while officially
independent of any political grouping, has close ties with the
PAC and the Azanian People's Organization.

In 1979 South Africa extended the right to strike, long enjoyed
by white workers, to most private sector workers, regardless of
race.  Since then, work stoppages triggered by collective
bargaining disputes, and occasionally by political issues, have
been commonplace.  Current South African labor law does not
prohibit an employer from firing a striking employee.  However,
the Industrial Court has reinstated such fired employees when it
considered the firing to be an unfair labor practice.  In this
regard, the Court has held that striking employees cannot be
fired if the strike is a valid part of the collective bargaining
process.

Historically, public sector employees have been legally
prohibited from striking.  The 1993 passage of a Public Sector
Labor Relations Act, while clarifying the collective bargaining
process for public sector employees, still sharply restricts
strike activity.  COSATU has argued that the Government's
definition of "essential services" is too broad, and that it is
specifically designed to block public sector strike activity.

The Government does not restrict union affiliation with regional
or international labor organizations.

The International Labor Organization (ILO) readmitted South
Africa in 1994.  Originally an ILO member since its 1919
inception, South Africa withdrew from the ILO in 1964.
Following the reinstatement, the International Labor Conference
rescinded its declaration concerning action against apartheid.

     b.  The Right to Organize and Bargain Collectively

The law defines and protects the right to organize and bargain
collectively.  The Government does not interfere directly with
union organizing in the private sector and generally has not
intervened in the collective bargaining process.  In spite of
recent legislative changes, collective bargaining still does not
apply to farm workers and domestic workers.  Excluded from the
statutory system of industrial councils until 1979, black unions
developed a collective bargaining tradition of their own.
Unassisted by statute, the unions established collective
bargaining relations at the enterprise level on the basis of
majority representation.

Since 1979 black unions have made increasing use of South
Africa's industrial council or centralized collective bargaining
system.

The 1993 emergence of tripartite negotiating forums, such as the
National Manpower Commission (NMC) and the National Economic
Forum (NEF), strengthened trade union influence over
labor and economic policy.  The planned merger of the NMC and
NEF into the National Economic Development and Labor Council
(NEDLC) will solidify the role of trade unions as social
partners with government and business in the formation of
economic and labor policy.

South African law prohibits discrimination by private sector
employers against union members and organizers, and disputes
over recognition are relatively few.  Private mediation services
are available and have been voluntarily resorted to by
management and black trade unions to resolve industrial
disputes.  The Labor Relations Act established the Industrial
Court to rule in labor/management disputes.  The most common
complaints filed with the Court concern dismissals, followed by
unfair labor practices.  A Labor Court of Appeals oversees the
Industrial Court and can overturn its decisions.  The Public
Sector Labor Relations Act (PSLRA), which was passed in 1993,
clarifies dispute resolution within the public sector by
recognizing the right of unions to organize and bargain
collectively in the public sector, by establishing dispute
resolution procedures, and by recognizing the right of public
sector workers not performing essential services to strike in
some circumstances.

South Africa has no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

Forced labor is illegal under the Interim Constitution, and it
is not practiced.

     d.  Minimum Age for Employment of Children

The Basic Conditions of Employment Act prohibits the employment
of minors under age 15 in most industries, shops, and offices.
The Mines and Works Act prohibits minors under 16 from working
underground.  There is no restriction, however, on the age at
which a person may work in agriculture.  Use of child labor on
farms, often in harsh and dangerous conditions, is common.  Use
of child labor in the informal economy is also commonplace.  The
Ministries of Labor and Justice are weak and reactive in
enforcing existing child labor laws, depending largely on
complaints made against specific employers.

     e.  Acceptable Conditions of Work

There is no legally mandated minimum wage in South Africa.
Instead, the Labor Relations Act provides a mechanism for
negotiations between labor and management to set minimum wage
standards, industry by industry.  At present, over 100
industries covering most nonagricultural workers come under the
provisions of the Act.

Most industries have a standard workweek of 46 hours, as well as
vacation and sick leave.  Overtime is voluntary and limited to
10 hours a week.  The law does not mandate a 24-hour rest break.

Attention to health and safety issues has increased in recent
years but is still inadequate.  The state-funded National
Occupational and Safety Association claims the number of workers
suffering disabling injuries annually has dropped significantly
over the last decade.  Nevertheless, injury and death at the
workplace, especially in heavy manufacturing and mining, is
still common.  In 1993 after a campaign of several years'
duration by the National Union of Mineworkers, the Government
agreed to establish a Mines Commission of Inquiry to investigate
South Africa's mining health and safety laws.  The Commission
began work in 1994 but had not reported its findings and
recommendations by year's end.

South African occupational health and safety laws, while
requiring an employer not to place employees at unreasonable
risk, do not give employees the right to remove themselves from
a hazardous job.  An employee's decision to leave a hazardous
worksite could possibly lead to dismissal but more probably
would result in disciplinary action.  South African occupational
health and safety laws do provide protection for workers who
report or file complaints against unsafe working conditions.
Such workers cannot be dismissed or reduced in rank or salary.



(###)


[end of document]

flag
bar

Department Seal

Return to 1994 Human Rights Practices report home page.
Return to DOSFAN home page.
This is an official U.S. Government source for information on the WWW. Inclusion of non-U.S. Government links does not imply endorsement of contents.