CONSTITUTION OF THE REPUBLIC OF SOUTH

AFRICA NO. 108 OF 1996

The exploitation of workers was a feature of life in South Africa

for decades. Apartheid thrived on cheap labour: workers had to

contend with the migrant labour system, passes and influx

control, job reservation, poverty wages and oppressive laws.

Nevertheless, trade unions were an important source of

resistance. In the 1980s Cosatu organised mass strikes against

new labour laws and workers emerged as a strong political

force.

South Africa's Constitution now goes far in guaranteeing

workers' rights, such as the right to strike.

The rights afforded to citizens generally apply to workers too -

such as the rights to equality, privacy, dignity and life. But some

sections in the okBill of Rights are especially useful to workers.

Section 23, the most relevant one here, is entitled "Labour

relations" and reads:

1. Everyone has the right to fair labour practices

2. Every worker has the right to form and join a trade

union; to participate in the activities and programmes of

a trade union; and to strike.

3. Every employer has the right to form and join an

employers' organisation; and to participate in the

activities and programmes of an employers'

organisation.

   

4. Every trade union and every employers' organisation

has the right to determine its own administration,

programmes and activities; to organise; and to form and

 join a federation.

   

5. Every trade union, employers' organisation and

employer has the right to engage in collective

bargaining. National legislation may be enacted to

regulate collective bargaining. To the extent that the

legislation may limit a right in this Chapter, the limitation

must comply with section 36(1).

   

6. National legislation may recognise union security

arrangements contained in collective agreements. To

the extent that the legislation may limit a right in this

Chapter, the limitation must comply with section 36(1).

    

7. This section guarantees workers the right to fair labour

practices, to form and join trade unions, and to

participate in union activities and strikes.

Likewise, employers have the right to form and join employers'

organisations and to take part in their activities. These groups

have the right to organise, form federations and engage in

collective bargaining.

The right to strike is written into the Constitution, but the right of

employers to lock out their workers is not expressly included.

However, the Labour Relations Act grants employers this right

in certain situations.