Assignment 1 Semester 1 2026
Unique number: 247134
Due Date: 6 March 2026
QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
FREEDOM OF ASSOCIATION IN SOUTH AFRICAN COLLECTIVE LABOUR LAW
Freedom of association is a foundational principle of South African collective labour law and
underpins the system of collective bargaining. It protects the ability of workers and
employers to organise collectively in order to advance and defend their interests. In South
Africa, this right is entrenched at constitutional, statutory and international levels.
At constitutional level, section 18 guarantees everyone the right to freedom of association.1
More specifically, section 23 of the Constitution protects labour rights, including every
worker’s right to form and join a trade union, participate in its activities and to strike.1
Employers similarly have the right to form and join employers’ organisations and to
participate in their activities.1 Trade unions and employers’ organisations are granted
organisational autonomy, including the right to determine their own administration,
programmes and activities, and to engage in collective bargaining.1
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