R 230925Z JAN 09
FM AMCONSUL JOHANNESBURG
TO SECSTATE WASHDC 6385
INFO DEPT OF LABOR WASHINGTON DC
SADC COLLECTIVE
AMCONSUL JOHANNESBURG

UNCLAS JOHANNESBURG 000011 
 
 
DOL/ILAB FOR TINA MCCARTER AND PATRICK WHITE 
DRL/ILCSR FOR TU DANG 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI USAID SF
SUBJECT: SOUTH AFRICA: CHILD LABOR INFORMATION FOR TRADE AND 
DEVELOPMENT ACT  (GSP) 2008 REPORT 
 
REF: 08 STATE 127448 
 
¶1.  The information in this cable was gathered from a variety of 
sources familiar with child labor in South Africa.  The primary 
source of information remains the South African Department of 
Labor (SADOL) supplemented by discussions with the South African 
academic and NGO community. 
 
 
Regulatory framework governing child labor (reftel, Section A) 
--------------------------------------------- ---------------- 
 
¶2.  The Basic Conditions of Employment Act of 1997 sets the 
minimum age for employment at 15.  The only exception exists for 
employment of children in the performing arts, which may be 
permitted upon application to the Department of Labor and in 
conformity with regulations.  SADOL is also drafting regulations 
that define the nature and extent of employment that may be 
safely performed by children between the ages of 15 and 18. 
These regulations outline permitted hours and conditions of work 
and define hazardous labor.  The debate on the regulations took 
longer than expected in the National Economic Development and 
Labour Council (NEDLAC) but is now complete and SADOL believes 
the regulations will be published in the Government Gazette in 
May 2009. 
 
¶3.  The Children's Amendment Act No. 41 of 2007 creates an 
advanced regulatory framework that includes the prevention and 
prosecution of child labor issues, and was signed into law by 
former President Mbeki in March 2008.  The Act defines children 
engaged in child labor as children in need of care and outlaws 
child trafficking.  Section 141 of the Act defines and 
criminalizes the worst forms of child labor, including 
trafficking, in accordance with ILO Convention 182.  The 
Children's Amendment Act amends Children's Act 38 of 2005 and 
South African courts will read both acts together once 
implementing regulations are finalized.  Children's legal 
advocates note that the South African government is already 
behaving as if the Act were in force and they strongly believe 
implementing regulations will be put in place during the course 
of 2009.  (Note: Certain provisions of the Act are already in 
effect absent implementing regulations.  The University of 
Pretoria Children's Law Center was instrumental in drafting the 
Act and RLO can facilitate a DVC to discuss how South African 
courts and government agencies function absent implementing 
regulations.  End note.) 
 
¶4.  South Africa is working on a Children's Justice Bill that 
seeks a separate legal framework and rehabilitation program for 
children in conflict with the law.  The long-dormant Bill has 
now been passed by the National Assembly but still has to be 
approved by the National Council of Provinces, and then be sent 
back to the National Assembly.  SADOL and the NGO community 
believe the Bill will be signed into law (finalized) during 
¶2009.  The Children's Justice Bill will also require 
implementing regulations and if passed as currently written will 
enter into force in April 2010. 
 
¶5.  The minimum age for military enlistment is 18.  Enlistment 
is voluntary. 
 
Enforcement against Child Labor (reftel Section B) 
--------------------------------------------- ----- 
 
¶6.  The Basic Conditions of Employment Act and the Children's 
Amendment Act govern child labor.  Violating these acts carry 
penalties in criminal or labor court based on the nature of the 
offense. 
 
¶7.  The extent of child trafficking remains unknown but South 
Africa remains a source, transit, and destination country for 
the trafficking of persons, including children, from other 
countries in Africa, Asia, and Europe for prostitution and 
forced labor.  Reports are that crime syndicates trafficked 
young girls for sex or domestic servitude and that young men are 
trafficked internally and cross-border chiefly for agricultural 
work, but also for street vending, crime, begging, and 
prostitution. 
 
¶8.  The government is limited to the use of piecemeal provisions 
of various laws to prosecute child traffickers.  The Prevention 
of Organized Crime Act of 1998 can be applied to trafficking, as 
can specific laws against child labor and forced labor.  The 
Sexual Offences Act of 2007 creates new or expanded statutory 
offenses applicable to all forms of sexual violation of children 
and the mentally disabled.  The Children's Act of 2005 prohibits 
"the recruitment, sale, supply, transportation, transfer, 
harboring or receipt of children, within or across the borders 
of the Republic."  The law also prohibits the commercial sexual 
exploitation of children, sexual intercourse with children under 
16, or permitting a female under 16 to stay in a brothel for the 
purpose of prostitution.  The maximum penalty for violations of 
the law is 20 years in prison.  The Children's Amendment Act of 
2007 addresses and defines unlawful child labor in extreme forms 
and outlaws child trafficking.  However, until the completion of 
regulations governing the Act's implementation, the provisions 
on child trafficking cannot take effect. 
 
¶9.  Post is aware of one case of child labor and/or child 
trafficking that was prosecuted by South African authorities in 
¶2008.  On May 12, 2008, Mozambican citizen Aldina dos Santos was 
charged by the Pretoria Magistrates Court with trafficking 
children for sexual exploitation and fraud.  The children were 
subjected to forced prostitution in a brothel.  This was the 
first case of its kind to be heard in South Africa and is still 
ongoing.  The Children's Act prohibits child trafficking and a 
convicted human trafficker can be sentenced to up to 20 years in 
prison. 
 
¶10.  SADOL, NGOs, and trade unions are unanimous that the 
incidence of child labor in formal employment remains extremely 
low. 
 
¶11.  SADOL said it has always tried to employ roughly 1,000 
labor inspectors but despaired that the labor inspectorate has 
shrunk rapidly because of South Africa's critical skills 
shortage.  Many inspectors have resigned because of more 
attractive offers from the private sector.  Inspectors are 
trained to identify child labor and child trafficking but are 
instructed by SADOL to turn over any evidence to the South 
African Police for follow-up.  Difficulties in gaining access to 
private property and overworked prosecutors also present 
implementation challenges in enforcing child labor laws.  SADOL 
was not aware of any records that detail how many child labor or 
trafficking issues the labor inspectorate encountered in the 
past year. 
 
Social Programs to Prevent Child Labor (reftel Section C) 
--------------------------------------------- ----------- 
 
¶12.  South Africa was a strong participant of the USDOL funded 
and ILO implemented Towards the Elimination of Child Labor 
Project (TECL).  Under the auspices of TECL, South Africa 
created a Child Labor Plan of Action (CLPA).  That plan has 
hundreds of measures designed to combat and prevent child labor, 
including its worst forms.  SADOL remains the lead agency and 
notes that many of the measures have been streamlined into the 
current plans of all relevant South African Departments 
(Ministries).  TECL and SADOL created a second Child Labor Plan 
of Action, known as the CLPA-II, in 2007.  SADOL said that 
document has now been costed, that the Minister of Labor has 
made a decision to take over all efforts from TECL, and that 
SADOL will start implementation of the plan in 2009. 
 
¶13.  South Africa uses a variety of financial support mechanisms 
to prevent children's entry to and encourage children's withdraw 
from the labor market.  The Child Support Grant is the most 
widely used and is available to resident citizen children under 
age 14 whose primary caregiver and spouses qualify under a means 
test.  Foster Child Grants are available to foster parents who 
meet a means test, and have a court order indicating the foster 
care status of the resident citizen child.  The government also 
provides a means-tested "Care Dependency Grant" for resident 
citizen children age 18 and under who have a severe medical or 
physical disability.   Disability Grants also provide income for 
ill parents of vulnerable children. 
 
¶14.  The Child Labor Program of Action includes a recommendation 
that the child support grant be extended until children can 
graduate from school.   As of April 2008, the Child Support 
Grant was increased from R200 ($19.96) to R250 ($24.50) a month. 
 The Foster Care Grant increased from R560.00 ($55.88) in 2007 
to R650.00 ($64.87) in 2008.  (Note: The exchange rate 
conversion for the above figures is $1 = R10.02.  End note.) 
 
 
Eliminating Worst Forms of Child Labor (reftel Section D) 
--------------------------------------------- ------------ 
 
¶15.  South African law is designed to prosecute offenders 
involved in the worst forms of child labor.  The CLPA-II also 
includes preventive steps for the South African government to 
reduce what they believe is an already small number of cases. 
 
¶16.  Education is compulsory but not free.  Parents are required 
to pay school fees and purchase uniforms and school supplies for 
their children.   However, schools are required to create 
programs that exempt poor parents from paying fees.  The 
Department of Education also waives fees at some schools in the 
poorest areas.  Roughly 5.5 million children are exempted from 
fees and 40 percent of primary schools are free.  Increasing 
free compulsory education remains a contested topic, but is a 
strong goal of the ruling African National Congress.  The 
country faces a severe lack of financial resources and skilled 
professionals to meet this potential objective. 
 
Progress Towards Eliminating Child Labor (reftel Section E) 
--------------------------------------------- -------------- 
 
¶17.  South African government policies are promulgated with the 
intent of developing an educated and skilled work force and 
keeping children in school.  SADOL's most recent (but 
unpublished) survey on child labor showed marked reductions in 
child labor activities since the last major survey in 1999.  The 
survey found that 96 percent of children between the ages of 10 
to 18 were reported to be attending school and 9 percent of 
children (roughly 703,000) had engaged in core economic 
activities.  The most common forms of economic activity were 
working on a family plot, growing farm produce, or looking after 
household animals.  Slightly less than half of those working 
spent under seven hours per week on economic activity, and 25 
percent spent between 7-13 hours, and 4 percent of children 
spent more than 40 hours a week.  (Note:  SADOL made a political 
decision not to publish its most recent survey on child labor 
and it remains unofficial.  Nevertheless, the survey is 
selectively available and many NGOs are now pushing STATS SA to 
publish the survey in place of SADOL.  SADOL confirmed to RLO on 
January 15 that USDOL can cite the above figures but should 
notify SADOL if it plans to do so.  End note.) 
 
Comment 
------- 
 
¶18.  Child labor in South Africa is almost non-existent in the 
formal and developed sectors of the economy.  Most reports of 
child labor originate from the informal and agricultural 
sectors, particularly in former homeland areas.  There are also 
reports of child trafficking.  South Africa strengthened its 
framework for preventing child labor over the course of the year 
although the child support grant remains the largest mitigating 
factor.  RLO attributes the legislative progress made on child 
labor directly to the U.S. Department of Labor-funded TECL 
program.  No one before TECL had been able to bring the South 
African Government, academic community, and NGOs together to 
create a well-received plan of action.  Post welcomes the second 
phase of the TECL project when it begins later this year.  End 
comment. 
 
 
PASSEN