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The Contract
System
Eighty years ago, all black workers in South Africa worked under a contract
system. The contract system was first introduced in 1856 in the Cape
as a law called the Master and Servants Act. Later it was copied by the
Transvaal to control farm labourers and workers in the towns.
The Master and Servants Act aimed to protect both the employer and the
employee in a job. It said that no worker could work without a contract.
The contract had to state the following: how long the job would take;
what the job would be; the worker’s wage for the job.
If the worker broke his contract he could be arrested and fined or sent
to jail. A worker broke his contract if he left his job or did not do
his job properly, or if he was ‘cheeky’ or ‘made a
disturbance on his master’s property’. If he did any of these
things he was breaking his contract. He was committing a ‘crime’.
Employers could get into trouble too. Sometimes an employer was fined
for not giving his worker his wages, or for beating him very badly. But
most of the time, if there was a disagreement between an employer and
his employee, it was the worker who got into trouble.
CONTRACTS FOR THE MINES
The contract system was also used on the Kimberley diamond fields in
the Cape. When the mines opened on the Witwatersrand, mine-owners again
used the contract system to hire black labourers. At first the contracts
lasted for about two months. Then, when deep-level mining started, the
mines began to need thousands more unskilled labourers.
The mining companies tried to get longer contracts. In 1912, South African
workers had to do at least 90 shifts. In 1918 the mines raised the contracts
to 180 shifts (about seven months) and then in 1924 to 270 shifts (about
ten months).
Mine-owners and managers wanted to keep these workers as long as possible,
but many migrant workers refused to stay away from their homes for longer
than half a year. They wanted to get back to their land and their families,
especially during the ploughing season.
So WNLA started to find cheap labour from other countries. WNLA required
all workers from outside ‘British South Africa’ to sign a
contract of 313 shifts or more. That meant a contract of at least 12
months. WNLA claimed that they went to a lot of trouble to bring workers
safely to the mines from faraway countries. The mining companies had
to pay for the costs of WNLA. They had to pay for the WNLA offices all
over southern Africa. They also had to pay the wages of the WNLA people
employed to recruit labour. The mines wanted to make sure that they would
get their money back by keeping these workers as long as possible. In
fact, most of the men recruited by WNLA stayed on the mines for 18 months. |
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twelve-month contract was more profitable to the mines than the six-month
contract.
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Labourers
who worked on the mines for 12 to 18 months gained more experience
and learnt to work faster and better. Their work was more productive.
Yet these experienced workers were paid the same as the new workers
- so the mines, not the workers, profited from their experience.
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If
a worker stayed on the mines for a long, time, the mining company
would not have to spend more money looking for a new worker to
take his place.
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WNLA
managed to recruit so many workers from outside
British South Africa that the shortage of labour was eased. The Chamber
of Mines was able to keep wages down. As long as they could find people
to work in the mines, they did not have to raise the wages.
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The
12 - 18 month contracts helped the mines during the ploughing season.
The mines’ biggest labour shortage was in the winter time,
between February and May and again in December, when the workers
went home again.
THE
NATIVE LABOUR REGULATIONS ACT - 1911
In
1911 the South African government passed a law called the Native Regulations
Act. It is interesting to study this law because it shows us what conditions
must have been like for many workers. The law tried to stop some of
the worst ill-treatment of black workers in the mines, on the farms
and in the towns.
- The
law laid down all compound managers had to be licensed. This was
meant to stop some of the worst types of people being allowed to
run compounds.
- Workers
had to be paid their wages in cash;
- The
contract had to be written down and explained to the worker in
the presence of a magistrate, so that he knew what to expect from
his job.
- The
law laid down the number of people allowed to sleep in any room
of a certain size. This was meant to stop unhealthy overcrowding.
- The
law laid down the minimum amount of food that a worker could be
given at work;
- The
employer had to see that a sick worker received some medical care
But
in spite of this law, conditions still remained poor. The law did,
not really allow the workers enough food and the compound rooms still
remained cold and crowded. In any case, the government did not appoint
enough inspectors to check the worst mining compounds and force them
to improve conditions.
Nevertheless, some improvements were made and the law showed that the government
did realise that it had a responsibility to see that black workers got at least
a few basic rights.
REGULATION
MEANT CONTROL
Employers
continued to be happy to employ black labourers. ‘The Native
Regulations Act,’ said economist Sheila van der Horst, ‘has
made the employment of Native labour more attractive.’ (Native
Labour in South Africa -1942.) It gave employers, especially mining
companies, greater control over their workers.
- Under
the contract system, a worker had to stay on the mines until the
manager was satisfied that he had finished his contract.
The worker had to satisfy the manager that he had done all his shifts properly
before he could leave the compound. If he was ill and lost a few days’ work,
he had to stay on the job until his shifts were done.
- If
a worker was unhappy about his working conditions he could not
leave. Often, workers complained that they had not realised what
the job was like before they started work. For example, many workers
did not want to work underground. Yet because of the contract system
they could not leave before they had worked for the period of time
laid down.
- Under
the contract system a black worker could not go on strike. Unlike
the white worker he could not bargain for better wages and working
conditions- what was a right for the white worker, was a crime
for the black worker.
So,
for as long as a worker’s contract lasted, the employer had control
over him. The worker had to continue his work without improvements
in wages or conditions. He had to stay with the job until his contract
was finished, or go to prison.

The penalty of breaking a contract was going to jail
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