Know Your Rights – Slavery, servitude and forced labour

Section 13 of the Constitution outlines that “no one may be subjected to slavery, servitude or forced labour”.
The Slavery Convention of 1926 defines slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership is exercised”.

This right includes protection from women being given away in marriages, the transfer of women in consideration for money, the inheritance of women after the death of their spouse and the delivery of children into slave labour.

Furthermore, modern-day slavery extends to forced prostitution and human-trafficking.

It is estimated that there were around 450 000 women and children subjected to trafficking in Africa alone.

It must be borne in mind that where one freely chooses their trade, occupation or profession, such as medical or legal students, who need to do an internship or their articles, it cannot be regarded as forced labour since they are gaining access to their professions (see Van der Mussele versus Belgium).

Since the abolition of Apartheid, additional legislation has come into effect to protect the right of those exposed to slavery, servitude and forced labour.

These rights are enforced through the Basic Conditions of Employment Act of 1997, Labour Relations Act of 1995, Employment Equity Act of 1998 and The Skills Development Act of 1998. These are to name but a few.

Compiled by Tracey-Lee Lindsay – Candidate Attorney Malherbe Rigg and Ranwell Incorporated.

Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.