Interim Report - Report No 58, 1962

Case No 261 (South Africa) - Complaint date: 05-APR-61 - Closed

1. 645. In a communication addressed directly to the I.L.O on 5 April 1961 the South African Congress of Trade Unions alleges that the Government of the Republic of South Africa, by Government Notice promulgated on 29 March 1961-a purported copy of which is forwarded by the complainant-prohibited all gatherings by, or under the auspices of, or for the promotion of the interests or objects of the South African Congress of Trade Unions during the period from 31 March 1961 to 30 June 1961 inclusive. The Notice is stated to have been promulgated pursuant to powers accorded by the Suppression of Communism Act, 1950.

A. A. The complainants' allegations

1. 646. The complainant organisation alleges that the prohibition prevented the holding of its Sixth Annual National Conference which had been due to open on 1 April 1961 in Durban, and that the further effect of the prohibition would be to deprive the 53,000 members of the 51 unions affiliated to the Congress of the right to hold meetings in furtherance of the objects of the Congress, and refers to the principle emphasised on many occasions by the Committee that " the right to organise trade union meetings is one of the essential elements of trade union rights ". The effect of the prohibition, declares the complainant, would be to prevent the holding of meetings in furtherance of such legitimate trade union objects of the Congress as the payment of higher wages, freedom to organise and join trade unions, the improvement of the conditions of the workers and the ending of racial discrimination. In conclusion the Congress calls upon the I.L.O to send representatives to South Africa to discuss with the Government and with workers' and employers' organisations the immediate granting of full trade union rights to all South African workers, irrespective of race and colour, in accordance with the Constitution of the I.L.O, and, until this is done, to encourage all Members of the I.L.O to impose economic and diplomatic sanctions against South Africa and not to allow their nationals to migrate to South Africa in order to work there.
2. 647. In a further communication dated 10 May 1961 the South African Congress of Trade Unions declares that, in reply to its inquiry as to the reasons for the prohibition, the Minister of Justice stated that he was not required by law to furnish anyone with the reasons or a statement of the information which induced him to issue the Notice. The complainant alleges further that, on 3 May 1961, the police searched all offices of the Congress and of its affiliated unions and the homes of leading trade union officials, these searches being accompanied by a military show of strength, and that the Minister has stated that such raids would continue. On 8 May 1961, it is alleged, the Minister of Justice introduced new security measures enabling the State to arrest anyone and to hold him without bail for up to 12 days, stating, when he introduced the Bill, that it was necessary to diminish the power of the courts to grant bail. The complainant expresses the view that this is a prelude to the imposition of a total ban on the Congress.
3. 648. In a communication dated 18 April 1961 the W.F.T.U protests against the prohibition of meetings of the South African Congress of Trade Unions, stating that no reason for the ban had been given.
4. 649. The W.F.T.U also alleges that when delegates to the conference of the Congress held a meeting of protest on 30 March 1961, before the prohibition entered into force, the police interrupted the meeting, took the names and addresses of those present and seized copies of the conference reports and other documents.
5. 650. The W.F.T.U calls upon the I.L.O to take all possible measures to bring about respect for trade union rights in South Africa and the removal of the prohibition placed upon trade union activities of the South African Congress of Trade Unions.
6. 651. In a communication dated 9 October 1961 the Government confines itself to the statement that " the three months' prohibition of meetings of the South African Congress of Trade Unions was not imposed with a view to interfering with trade union rights in the Republic but because the Congress engaged in activities not associated with such rights ".

B. B. The Committee's conclusions

1. 652. The Committee has pointed out in the past that, when precise allegations are made, it cannot regard as satisfactory replies from governments which are confined to generalities, and that, where the information given in a government's reply appears to be inadequate or of too general a character, it will request the government concerned to supply it with more detailed information in order to enable it to express a considered view to the Governing Body.

The Committee's recommendations

1. 653. In the circumstances the Committee recommends the Governing Body to request the Government to be good enough to furnish more detailed information concerning the various allegations raised in the complaints.