Law, Democracy 
&  Development

Law, Democracy 
&  Development

JOURNAL OF THE FACULTY OF LAW | UNIVERSITY OF THE WESTERN CAPE | ISSN: 2077-4907JOURNAL OF THE FACULTY OF LAW, UWC | ISSN: 2077-4907

>> Volume 2(1) (1998)

  1. Editorial 1998 (1), pp 3-6

    Author/s: The Editors

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  2. Co-determination and transformation: Co-optation or alternative vision, pp 27-42

    Author/s: Jarvis, David and Sitas, Ari

    In this article Jarvis and Sitas provide an overview of the development of theory around the issue of co-determination. Tracing the debates which have been generated in the process, they critically examine the various political schools of thought that have taken shape on the subject. Centralised economic planning on the erstwhile eastern European model. they argue, has proved to be non-viable as objective or end product of a process of increasing worker control; but neither can a complex modern economy be governed by 'direct democracy' of the producers. Instead they offer a challenging perspective of the organisation of production based on optimal participation and autonomy of the workforce, while recognising 'management' as a distinct and necessary function within the overall division of labour.

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  3. The LRA and work-place forums: Legislative provisions, origins, and transformative possibilities, pp 43-62

    Author/s: Satgar, Vishwas

    Vish Satgar challenges the 'neo-pluralist' power-sharing paradigm embodied in Chapter 5 of the Labour Relations Act (LRA) which, he argues, does not confront hierarchy in a transformative way. In contrast, he redefines co-determination as part of a struggle to expand worker control with a view to achieving collective worker responsibility for managing the workplace. In practice, he suggests, this could be promoted by means of workplace forums based on collective agreements allowing workers to run public-sector units, such as schools, in the context of policy agreed at the Public Sector Bargaining Council. In private-sector enterprises, areas of 'autonomous self-management' could be defined for workplace forums, and expanded, alongside of co-determined areas.

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  4. A trend towards co-determination? Case studies of South African enterprises, pp 63-84

    Author/s: Webster, Eddie and Macun, Ian

    Co-determination has to be a two-way process. How amenable will management be to democratised models of decision-making? Webster and Macun contextualise the question by examining the peculiar evolution of workplace representation in South Africa. The fact that it has largely been driven by management initiatives, combined with the difficulties workers have experienced in engaging effectively at this level. has impacted on the extent and quality of co-determinist arrangements.

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  5. Engaging the state and capital: Labour and the deepening of democracy in South Africa, pp 1-26

    Author/s: Adler, Glenn

    Glenn Adler examines the phenomenon of employee engagement in South Africa as a process extending from workplace and industry level to the state itself. While far-reaching and unique in many ways, the institutions that have emerged cannot but reflect the different agendas of the two major role-players, and that of the state, giving rise to tensions which render their future development problematical. Assessing labour's engagement with capital in South Africa against international trends, he concludes that it can deliver substantial benefits but that, to avert the risk of being incorporated into business- driven strategies, labour needs to develop its own strategic vision.

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  6. Democratising the public service: Co-determination, workplace democratisation and transformation, pp 111-129

    Author/s: Patel, Imraan

    Imraan Patel examines the potential for co-determination in the public sector. Due to the structure and nature of decision-making in the public service, he suggests that workplace forums may not be the appropriate institutions for driving a process of democratisation. Centralised bargaining on a broad agenda, in a context of centralised policy-making, is already taking place. With the devolution of administrative functions, however, appropriate structures of worker participation at lower levels will need to be created. But this should not compromise co-determination at the sectoral and national levels: and the agenda for co-determination, Patel argues, should be expanded from labour relations issues to include policy issues.

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  7. Where is management going? Employer strategies with regard to worker participation and work-place forums, pp 85-110

    Author/s: Godfrey, Shane; Hirschsohn, Philip; and Maree, Johann

    Godfrey, Hirschsohn and Maree focus on the way in which management at a number of large enterprises are responding to competitive pressures to shift from traditional, top-down styles of management towards more integrative methods and to the institution of workplace forums in particular. While there is general awareness of workplace forums and support in principle for their establishment, there is also a lack of strategic vision on participation. Management, the study found, tends to be slow and limited in the implementation of new policies. The authors suggest strategic options for labour flowing from management's approaches.

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  8. Negotiating the future: Labour’s role in NEDLAC, pp 131-151

    Author/s: Gostner, Karl and Joffe, Avril

    Gostner and Joffe examine the agenda for co-determinationat the National Economic Development and Labour Council (NEDLAC). NEDLAC is an almost unique statutory body enabling labour, business and other constituencies of civil society to participate directly in the formulation of policy and law before its is presented to Parliament. The article offers insight into the practical ramifications of co-determination at this level. The authors draw a balance sheet between the gains achieved by labour, both in terms of outcomes and process, and the constraints which inhibit its optimal engagement. Though capacity problems are experienced not only by labour but also by business and the state, the authors highlight the danger of labour becoming confined to a role of reacting to an agenda set by the state.

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