South Africa’s post-apartheid labour legislation did not emerge fully formed from government. It was the product of a sustained process of consultation, drafting and negotiation — one in which organised labour played a central and substantive role. The Labour Relations Act of 1995 and the Occupational Health and Safety Act of 1993, which together form the foundational architecture of South African employment law, were shaped in significant part by submissions developed within the labour movement and presented to the newly democratic government.
As Legal Education Officer of the National Union of Mineworkers from 1993 to 1995, Advocate Dlamini participated in the National Education Sub-committee of the National Executive Council, a structure through which the NUM engaged with the legislative reform process at the highest level. The education-related resolutions and policy positions developed through this structure were adopted by the NUM Congress and used as the basis for engagement with government. The drafts were presented directly to the Honourable Tito Mboweni in his capacity as the newly appointed Minister of Labour, and contributed to the framework of the Acts as they stand today.
To have contributed, at the formative stage, to the legal instruments that continue to govern the working lives of millions of South Africans is a responsibility that has shaped the approach to legal practice that follows from it. An advocate who understands not only what the law says, but why it was designed to say it, brings a different quality of analysis to the questions it raises.
Understanding the original design intent of South Africa’s labour legislation is not merely a matter of legal history — it is a practical tool for applying it well.
