The Constitution requires that international human rights law be taken into account. In 2015 South Africa ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) which includes a binding “right to work”, unlike the Constitution, which encompasses “rights at work” or workplace rights. The right to work applies to both formal and informal work.
South Africa is characterised by a high rate of formal unemployment. Even when people can find employment, it is often temporary or casual in nature and therefore precarious, such as the case with domestic work.
The informal sector provides a viable livelihood for at least 3 million people. Informal workers such as street vendors and recyclers, particularly those who work in public spaces, work under conditions characterised by low income, lack of social protection and a criminalising, restrictive and inconsistent regulatory environment in which they are frequently harassed by law enforcement officials.
Ultimately, it is women and undocumented immigrants, whether in the formal or informal sector, who are most vulnerable. Despite clear evidence of the contributions that international migrants make to generating employment and to the economy, international migrants are unlawfully excluded and subjected to xenophobic violence.