LLW2602
Assignment 1 Semester 1 2026
Unique number:
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 collective labour law and forms the
constitutional and statutory basis for collective bargaining in South Africa. The right is
protected at constitutional, international and statutory levels, reflecting its central
importance in a democratic labour relations system.
At constitutional level, section 18 of the Constitution guarantees everyone the right to
freedom of association.1 More specifically, section 23 entrenches labour-related
associational rights. Every worker has the right to form and join a trade union, participate
in its lawful activities and to strike.1 Employers equally have the right to form and join
employers’ organisations.1 Furthermore, trade unions and employers’ organisations may
determine their own administration and activities, and engage in collective bargaining.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
FREEDOM OF ASSOCIATION IN SOUTH AFRICAN COLLECTIVE LABOUR LAW
Freedom of association is a foundational principle of collective labour law and forms
the constitutional and statutory basis for collective bargaining in South Africa. The
right is protected at constitutional, international and statutory levels, reflecting its
central importance in a democratic labour relations system.
At constitutional level, section 18 of the Constitution guarantees everyone the right to
freedom of association.1 More specifically, section 23 entrenches labour-related
associational rights. Every worker has the right to form and join a trade union,
participate in its lawful activities and to strike.2 Employers equally have the right to
form and join employers’ organisations.3 Furthermore, trade unions and employers’
organisations may determine their own administration and activities, and engage in
collective bargaining.4 These provisions create a robust constitutional framework
protecting organisational autonomy and collective action.
South Africa’s protection of freedom of association is reinforced by international law.
The country ratified ILO Conventions 87 and 98 in 1996.5 Convention 87 guarantees
workers and employers the right to establish and join organisations of their own
choosing.6 Convention 98 protects workers against anti-union discrimination and
safeguards collective bargaining.7 In addition, article 10 of the African Charter on
Human and Peoples’ Rights recognises the general right to freedom of association.8
These instruments influence the interpretation of domestic labour legislation.
The Labour Relations Act 66 of 1995 (LRA) gives detailed effect to these rights.9 It
protects employees’ rights to form and join unions and prohibits discrimination for
exercising such rights. Any dismissal for participating in trade union activities is
1
Constitution of the Republic of South Africa, 1996 s 18.
2
ibid s 23(2).
3
ibid s 23(3).
4
ibid s 23(4)–(5).
5
M McGregor and AH Dekker (eds), Labour Law Rules! 3rd edn (Siber Ink 2017) 237.
6
ILO Convention 87 of 1948 art 2.
7
ILO Convention 98 of 1949 art 1.
8
African Charter on Human and Peoples’ Rights 1981 art 10.
9
Labour Relations Act 66 of 1995 s 1.
Assignment 1 Semester 1 2026
Unique number:
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 collective labour law and forms the
constitutional and statutory basis for collective bargaining in South Africa. The right is
protected at constitutional, international and statutory levels, reflecting its central
importance in a democratic labour relations system.
At constitutional level, section 18 of the Constitution guarantees everyone the right to
freedom of association.1 More specifically, section 23 entrenches labour-related
associational rights. Every worker has the right to form and join a trade union, participate
in its lawful activities and to strike.1 Employers equally have the right to form and join
employers’ organisations.1 Furthermore, trade unions and employers’ organisations may
determine their own administration and activities, and engage in collective bargaining.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
FREEDOM OF ASSOCIATION IN SOUTH AFRICAN COLLECTIVE LABOUR LAW
Freedom of association is a foundational principle of collective labour law and forms
the constitutional and statutory basis for collective bargaining in South Africa. The
right is protected at constitutional, international and statutory levels, reflecting its
central importance in a democratic labour relations system.
At constitutional level, section 18 of the Constitution guarantees everyone the right to
freedom of association.1 More specifically, section 23 entrenches labour-related
associational rights. Every worker has the right to form and join a trade union,
participate in its lawful activities and to strike.2 Employers equally have the right to
form and join employers’ organisations.3 Furthermore, trade unions and employers’
organisations may determine their own administration and activities, and engage in
collective bargaining.4 These provisions create a robust constitutional framework
protecting organisational autonomy and collective action.
South Africa’s protection of freedom of association is reinforced by international law.
The country ratified ILO Conventions 87 and 98 in 1996.5 Convention 87 guarantees
workers and employers the right to establish and join organisations of their own
choosing.6 Convention 98 protects workers against anti-union discrimination and
safeguards collective bargaining.7 In addition, article 10 of the African Charter on
Human and Peoples’ Rights recognises the general right to freedom of association.8
These instruments influence the interpretation of domestic labour legislation.
The Labour Relations Act 66 of 1995 (LRA) gives detailed effect to these rights.9 It
protects employees’ rights to form and join unions and prohibits discrimination for
exercising such rights. Any dismissal for participating in trade union activities is
1
Constitution of the Republic of South Africa, 1996 s 18.
2
ibid s 23(2).
3
ibid s 23(3).
4
ibid s 23(4)–(5).
5
M McGregor and AH Dekker (eds), Labour Law Rules! 3rd edn (Siber Ink 2017) 237.
6
ILO Convention 87 of 1948 art 2.
7
ILO Convention 98 of 1949 art 1.
8
African Charter on Human and Peoples’ Rights 1981 art 10.
9
Labour Relations Act 66 of 1995 s 1.
