Acta Universitatis Danubius. Juridica, Vol 11, No 3 (2015)

Economics of Illegal Work and Illegal Workers (Immigrants): Are They Protected under South African Labour Law and the Constitution, 1996?

Mashele Rapatsa


This article analyses whether prostitution (illegal work) and illegal immigrants have access to the protective ambits of statutory framework regulating employment relations. Its objective is to examine the scope of labour law, considerate of ever changing trends in the modern world of work. It utilizes the two notable precedents founded in Kylie v CCMA and Discovery Health v CCMA. This is considerate of inherent dynamics in contemporary labour relations where the majority of workers have been displaced into grey areas that offer little or no protection, thus rendering workers vulnerable to exploitation. The article highlights a rising tension arising out of exploitative labour practices and socio-economic factors, and the need for labour law to respond. It has been found that courts have creatively invented strategic methods that have successfully aided efforts of protecting vulnerable workers engaged in economic activities under precarious circumstances. This is to the extent that the Constitution, 1996 and the Labour Relations Act 66 of 1995 have been interpreted in a manner that enhances worker protection, which fulfils the purpose for which labour law was enacted.


Full Text: 75-86



  • There are currently no refbacks.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.