" South African law is failing gig workers" 10 June 2025

Gig work using digital platforms has exploded over the past decade. South Africa has been fertile ground for Uber, Checkers 60Sixty and Takealot. Sustained unemployment alongside high levels of urbanisation and wealth inequality has created a large population of people desperate for work. They have access to phones and the internet and they can provide middle- and upper-class households with cheap labour. But legislation falls short in protecting these workers.

The number of workers in the gig economy is uncertain. A 2020 estimate puts it at 30,000 full-time workers, but growing about 10% a year. Most gig workers in the country are in e-hailing services, such as Uber and Bolt. These have a combined 60,000 drivers on their system but not all the registered drivers are actually working for these companies at present and many drivers would be registered on both systems.[...]

In South African law, gig workers are classified as “independent contractors”. Operating companies, such as Uber, Bolt and Pingo (responsible for administering 60Sixty drivers), benefit by keeping workers in a permanent state of uncertainty. There is little downside for these companies to onboard as many drivers as possible, and leaving the drivers to compete for limited work. Gig workers are responsible for their own expenses. For drivers, this means covering the cost of fuel, maintenance and insurance. This eats into their already meagre monthly earnings, resulting in many gig workers earning well below the minimum monthly wage.

Platform work drives down wages. Globally, in comparison to their employed counterparts, independent gig workers earn 64% less for doing the same job, according to the International Labour Organisation. Under current legislation, gig workers are also not entitled to paid leave or sick leave; they receive no medical aid or retirement fund contributions; and they can be dismissed arbitrarily without recourse to the Commission for Conciliation, Mediation and Arbitration (CCMA) or labour courts. Most digital platforms reserve the right to deactivate a user’s account for reasons that would not qualify as fair dismissal under South African labour law.