Definitive Report - Report No 140, 1974

Case No 767 (South Africa) - Complaint date: 05-OCT-73 - Closed

1. 4. The Lesotho General Workers' Union forwarded a complaint against the Republic of South Africa direct to the ILO in a communication dated 5 October 1973.

A. A. The complainants' allegations

1. 5. The complaint alleges that on 11 September 1973 several workers from Lesotho employed in the Western Deep Level mining complex in the Carletonville area (Republic of South Africa) consulted the manager and other mine clerks concerning a wage increment which had been promised. Instead of discussing the matter with the workers the manager reported it to the police, who intervened and killed five workers, injuring twelve others. The five deceased workers are: Moleleki Nkopane, Thabang Tsepe, Malefetsane Teleka, Tamene Nkelela and Lebatsi Ramouruti. The names of the injured workers supplied by the complainant are: Tsotleho Sekoala, Jacob Tsangoane, Nkashole Sentifile, Thabang Masienyane, Mohlanda Phamoli, Meselane Moikabi and Ntsooa Phori. The complainants hope that the ILO will examine the case.
2. 6. The Republic of South Africa is not a member State of the ILO. Its Government advised the Director-General of its decision to withdraw from the ILO in a letter dated 11 March 1964. while it was a Member of the ILO the Republic of South Africa did not ratify either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

B. B. The Committee's conclusions

• Consequences of the Withdrawal from the ILO of the Republic of South Africa
  7. 7 According to the procedure for the examination of complaints of alleged infringements of trade union rights agreed upon between the United Nations and the International Labour Organisation, before the Governing Body of the ILO refers to the Fact-Finding and Conciliation Commission on Freedom of Association an allegation which it has received against a Member of the United Nations which is not a Member of the ILO, such allegation should be referred to the Economic and Social Council for its consideration. In Resolution 277(X) approving the arrangements the ILO was invited to refer, in the first instance, to the Economic and Social Council any allegations regarding infringements of trade union rights against a Member of the United Nations which is not a Member of the ILO. If the Governing Body has before it such allegations regarding infringements of trade union rights, it will, before referring them to the Commission, refer them to the Economic and Social Council for consideration. The procedure provides that the Secretary-General of the United Nations will seek the consent of the government concerned before any consideration of the allegation by the Economic and Social Council; if such consent is not forthcoming, the Economic and Social Council will give consideration to such refusal with a view to taking any appropriate alternative action designed to safeguard the rights relating to freedom of association involved in the case.

The Committee's recommendations

1. 8. In these circumstances, having regard to the situation set forth in the preceding paragraph, the Committee recommends the Governing Body:
   • (a) to refer to the Economic and Social Council for consideration, in accordance with Resolution 277(X) of 17 February 1950, the complaint presented by the Lesotho General Workers' Union against the Government of the Republic of South Africa, which is no longer a Member of the ILO;
   • (b) to note that, in accordance with Economic and Social Council Resolution No. 277(X) of 17 February 1950, it is for the Economic and Social Council to decide what further action it proposes to take in the matter by seeking the consent of the Government of the Republic of South Africa to the case being referred to the Fact-Finding and Conciliation Commission on Freedom of Association or being dealt with in any other manner.
     • Geneva, 9 November 1973. (Signed) Roberto AGO, Chairman.