LLW2602
Assignment 1
Semester 1
Due 6 March 2026
, QUESTION 1
(a) Extent to which South African law protects the right to
freedom of association
Freedom of association is a foundational principle of South African collective labour law.
It protects the rights of workers and employers to form and join organisations of their
choice and to participate in collective activities without interference. This right is
protected at constitutional, statutory, and international levels, which shows that South
African law offers strong and layered protection.
At the highest level, the Constitution provides direct protection. Section 23 guarantees
every worker the right to form and join a trade union and to participate in its activities. It
also recognises the right of trade unions and employers’ organisations to organise and
engage in collective bargaining. Because this protection is constitutional, any law or
conduct that unjustifiably limits freedom of association may be declared invalid
(Constitution of the Republic of South Africa, 1996, s 23). For example, if an employer
dismisses workers for joining a trade union, employees can rely on constitutional
protection and approach the Labour Court.
The Labour Relations Act 66 of 1995 gives practical effect to these constitutional rights.
Sections 4 and 5 expressly prohibit interference with freedom of association. Employers
may not prevent employees from joining trade unions, discriminate against them
because of union membership, or prejudice them for participating in union activities.
This ensures that freedom of association is not only theoretical but enforceable in
workplaces.
The Act also strengthens freedom of association by granting organisational rights to
registered trade unions. These rights include access to workplaces, stop-order facilities
for union subscriptions, leave for union duties, and disclosure of relevant information
needed for collective bargaining (LRA 66 of 1995, ss 12–16). Without these
mechanisms, unions would struggle to operate effectively. For instance, workplace
Assignment 1
Semester 1
Due 6 March 2026
, QUESTION 1
(a) Extent to which South African law protects the right to
freedom of association
Freedom of association is a foundational principle of South African collective labour law.
It protects the rights of workers and employers to form and join organisations of their
choice and to participate in collective activities without interference. This right is
protected at constitutional, statutory, and international levels, which shows that South
African law offers strong and layered protection.
At the highest level, the Constitution provides direct protection. Section 23 guarantees
every worker the right to form and join a trade union and to participate in its activities. It
also recognises the right of trade unions and employers’ organisations to organise and
engage in collective bargaining. Because this protection is constitutional, any law or
conduct that unjustifiably limits freedom of association may be declared invalid
(Constitution of the Republic of South Africa, 1996, s 23). For example, if an employer
dismisses workers for joining a trade union, employees can rely on constitutional
protection and approach the Labour Court.
The Labour Relations Act 66 of 1995 gives practical effect to these constitutional rights.
Sections 4 and 5 expressly prohibit interference with freedom of association. Employers
may not prevent employees from joining trade unions, discriminate against them
because of union membership, or prejudice them for participating in union activities.
This ensures that freedom of association is not only theoretical but enforceable in
workplaces.
The Act also strengthens freedom of association by granting organisational rights to
registered trade unions. These rights include access to workplaces, stop-order facilities
for union subscriptions, leave for union duties, and disclosure of relevant information
needed for collective bargaining (LRA 66 of 1995, ss 12–16). Without these
mechanisms, unions would struggle to operate effectively. For instance, workplace
