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Youth unemployment and employment law: Opportunities and challenges

Youth unemployment is a dire issue in South Africa and a global economic crisis, with vast implications in the broader socio-economic spectrum and within employment law.

The majority of the youth lack the basic skills and qualifications to qualify for entry-level vacancies and the demands of the job market. The current levels of education, training and development are unable to provide sufficient skills or opportunities to upskill, which leads to a mismatch between job requirements and qualifications. The percentage of youth (aged between 15 – 34 years) that is actively looking for work but unable to find it increased from 36,8% in 2014 to 45,5% in 2024.[1]

Employment law should ideally play a role in accelerating the youths’ opportunities through internships, apprenticeships, and learnerships.[2]

Various factors exacerbate youth unemployment in South Africa, including a preference for older workers, inflexible workplace structures, insufficient support for young entrepreneurs, and a lack of access to quality education, training, and skills[3].

It is evident that education is an important factor on the unemployment rate. As much as the Constitution provides the right to basic education[4], equality[5] and dignity[6], there are limitations to realise these rights and it is the state’s duty to justify the limitation in terms of section 36(1). Where a socio-economic right is qualified and progressively realisable, the state’s failure to provide these rights does not amount to a limitation by itself.[7]

It goes without saying that the effects of Apartheid and educational segregation have evidently contributed to the youth unemployment in South Africa. The labour laws therefore need to strike an appropriate balance between ensuring workers’ rights, which, under apartheid, were denied to the majority of South Africa’s work force, and economic efficiency, which requires flexibility and decentralization.[8] Therefore, the unemployment rate and the marginalisation of youth, has an effect in the post-Apartheid era of South Africa.[9]

I concur that South African society is pervaded by issues – economic, social, political, moral, cultural, and environmental[10] with corruption and mismanagement of resources being a considerable hurdle in economic progression.

The South African National Development Plan (NDP) 2030 is a strategic framework aimed at eliminating poverty and reducing inequality by 2030.[11] Its vision by 2030 is to achieve full employment, decent work and sustainable livelihood. The NDP 2030 states that the key elements for employment creation includes creating a sustainable employment and economic growth environment, promoting employment in labour-absorbing industries, and strengthening the capacity of the government to implement its economic policy.

Many challenges stand between the NPD 2030 framework and its goals to execute its vision.  Many challenges such as corruption, systematic issues, economic stagnation and a poor educational system may impede the realisation of the goals of the framework.

From my own experience in joining the job market, it can become discouraging being required to have a certain level of experience, but yet unable to gain the required experience without being appointed in an entry-level position.

Therefore, the writer concurs with the notion that it is important to enhance labour market flexibility however, there should be a reform that invests in education, skills development, and social protection systems.[12]

In terms of labour legislation and assisting with youth development, it would be helpful to implement training skills development programmes, implement policies to assist with employment market access, financial literacy services and effectively promote skills development, for young jobseekers. The situation could be improved if the Department of Employment and Labour acted proactively in assisting young jobseekers to upskill themselves and gain employment.

Although generating ideas is an important first step, ideas are most valuable not in and of themselves, but when you are able to use the concepts to get to action, to help move the economy forward and more people engaged in earning revenue and, in turn, spending such revenue, which assists other businesses. It is crucial that policies and programmes be implemented to assist the classes of youth unemployment, as this would have positive knock-on effects on employment rates, cash being circulated through the economy and, in the long term, growth and entrepreneurship.

SOURCES:

  • Stats SA: The Social Profile of the Youth, 2014–2024 Report
  • https://www.statssa.gov.za/?p=18083
  • National Planning Commission, “Youth Labour Market Transition” (2017)
  • Mlaba, G. “Creating a Youth-Inclusive Future of Work for South Africa: Addressing Youth Unemployment and Promoting Equity” (2024)
  • https://www.dpsa.gov.za/thepublicservant/2024/04/25/creating-a-youth-inclusive-future-of-work-for-south-africa-addressing-youth-unemployment-and-promoting-equity/
  • The National Development Plan: Vision 2030 https://www.nationalplanningcommission.org.za/National_Development_Plan
  • Michael Nowak et al: “Post-Apartheid South Africa: The First Ten Years; Chapter 3: Unemployment and the Labor Market” (2005)
  • Ndinga-Kanga, M. et al “Forging a resilient social contract in South Africa: states and societies sustaining peace in the post-apartheid era”, Journal of Intervention and Statebuilding, Vol. 14 No. 1, (2020)
  • Dlamini, S. “Migration and Diaspora: A Case Study Probing Socio-Cultural Challenges Experienced by African Migrants in Port Shepstone, Kwa-Zulu Natal” (2022)
  • Makame, Andrew. (2024). Labor Market Reforms and Youth Unemployment. International Journal of Economic Policy. 4. 1-13. 10.47941/ijecop.1762.
  • [1] Stats SA: The Social Profile of the Youth, 2014–2024 Report
  • [2] National Planning Commission, “Youth Labour Market Transition” (2017)
  • [3] Mlaba, G. “Creating a Youth-Inclusive Future of Work for South Africa: Addressing Youth Unemployment and Promoting Equity” (2024)
  • [4] Section 29(1) of Constitution of the Republic of South Africa, 1996
  • [5] Section 9 of Constitution of the Republic of South Africa, 1996
  • [6] Section10 of Constitution of the Republic of South Africa, 1996
  • [7] https://section27.org.za/wp-content/uploads/2017/02/Chapter-1.pdf
  • [8] Michael Nowak et al: “Post-Apartheid South Africa: The First Ten Years; Chapter 3: Unemployment and the Labor Market” (2005)
  • [9] Ndinga-Kanga, M. et al “Forging a resilient social contract in South Africa: states and societies sustaining peace in the post-apartheid era”, Journal of Intervention and Statebuilding, Vol. 14 No. 1, (2020)
  • [10] Dlamini, S. “Migration and Diaspora: A Case Study Probing Socio-Cultural Challenges Experienced by African Migrants in Port Shepstone, Kwa-Zulu Natal” (2022)
  • [11] The National Development Plan: Vision 2030
  • [12] Makame, Andrew. (2024). Labor Market Reforms and Youth Unemployment. International Journal of Economic Policy. 4. 1-13. 10.47941/ijecop.1762.

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes and should not be construed as legal advice.

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