Electronic Communications and Transactions Act, 2002
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)RegulationsBCEA Regulations on Hazardous Work by Children10. Investigation and prosecution of alleged offences concerning worst forms of child labour |
| (1) | A labour inspector, who receives a complaint that any person has required or permitted a child to perform a worst form of child labour, or who in the performance of their duties observes any circumstances that may constitute work by a child in a worst form of labour must— |
| (a) | investigate the alleged offence forthwith; or |
| (b) | if the labour inspector is not authorised to investigate the contravention, refer it to a labour inspector who is so authorised. |
| (2) | A labour inspector who investigates an allegation that a person has required or permitted a child to perform a worst form of child labour must— |
| (a) | conduct the investigation thoroughly and expeditiously; |
| (b) | prepare a written report that must be filed with the Director-General. |
| (3) | The report prepared in terms of subregulation (2) must contain a recommendation as to whether or not— |
| (a) | the alleged offence constitutes a worst form of child labour; |
| (b) | a prosecution should be initiated in terms of this regulation or any other regulation or law. |
| (4) | The Director-General must forward a copy of the report to the relevant prosecuting authority unless the investigation establishes no evidence of any offence. |
| (5) | For the purposes of these regulations, a labour inspector includes any public servant or any designated agent of a bargaining council who has been designated by the Minister in terms of section 63(1)(b) of the Basic Conditions of Employment Act for the purpose of enforcing this regulation. |
