, The Protection of Freedom of Association in South African Collective Labour Law
1. Introduction
The right to freedom of association is a foundational principle of South African labour law and
constitutional democracy. For a trade union such as Drumroll Association (DA), which seeks to
protect the rights of musicians, this right is essential for organising, collective bargaining, and
industrial action. South African law protects freedom of association at constitutional, statutory and
international levels, although certain limitations apply.
2. Constitutional Protection
2.1 Section 18: General Freedom of Association
Section 18 of the Constitution of the Republic of South Africa, 1996 provides that “everyone has
the right to freedom of association.” This guarantees individuals the liberty to form, join and
maintain associations of their choice. The Constitutional Court has interpreted this right as
protecting both the positive right to associate and the negative right not to be compelled to
associate (Currie & De Waal, 2013).
2.2 Section 23: Labour-Specific Rights
Section 23 of the Constitution strengthens protection within the employment context. Section
23(2)(a) provides that every worker has the right “to form and join a trade union.” Section 23(2)(b)
grants the right to participate in the activities and programmes of a trade union, and section
23(2)(c) protects the right to strike.
These provisions recognise that freedom of association in labour relations is central to collective
bargaining and workplace democracy. In National Union of Metalworkers of SA v Bader Bop (Pty)
Ltd (2003), the Constitutional Court affirmed that minority trade unions may exercise
organisational rights, underscoring the broad constitutional protection of trade union activity.
3. Statutory Protection under the Labour Relations Act
The primary legislation giving effect to section 23 is the Labour Relations Act 66 of 1995 (LRA). The
LRA was enacted to promote orderly collective bargaining and labour peace (s 1).
3.1 Protection Against Victimisation
Section 4 of the LRA provides that every employee has the right to participate in forming a trade
union and to join one. Section 5 prohibits employers from discriminating against employees for
exercising these rights. Any dismissal for participating in trade union activities is automatically
unfair in terms of section 187(1)(f).
For DA members, this means musicians who are employees cannot lawfully be dismissed or
prejudiced because of union membership or participation in union activities.
1. Introduction
The right to freedom of association is a foundational principle of South African labour law and
constitutional democracy. For a trade union such as Drumroll Association (DA), which seeks to
protect the rights of musicians, this right is essential for organising, collective bargaining, and
industrial action. South African law protects freedom of association at constitutional, statutory and
international levels, although certain limitations apply.
2. Constitutional Protection
2.1 Section 18: General Freedom of Association
Section 18 of the Constitution of the Republic of South Africa, 1996 provides that “everyone has
the right to freedom of association.” This guarantees individuals the liberty to form, join and
maintain associations of their choice. The Constitutional Court has interpreted this right as
protecting both the positive right to associate and the negative right not to be compelled to
associate (Currie & De Waal, 2013).
2.2 Section 23: Labour-Specific Rights
Section 23 of the Constitution strengthens protection within the employment context. Section
23(2)(a) provides that every worker has the right “to form and join a trade union.” Section 23(2)(b)
grants the right to participate in the activities and programmes of a trade union, and section
23(2)(c) protects the right to strike.
These provisions recognise that freedom of association in labour relations is central to collective
bargaining and workplace democracy. In National Union of Metalworkers of SA v Bader Bop (Pty)
Ltd (2003), the Constitutional Court affirmed that minority trade unions may exercise
organisational rights, underscoring the broad constitutional protection of trade union activity.
3. Statutory Protection under the Labour Relations Act
The primary legislation giving effect to section 23 is the Labour Relations Act 66 of 1995 (LRA). The
LRA was enacted to promote orderly collective bargaining and labour peace (s 1).
3.1 Protection Against Victimisation
Section 4 of the LRA provides that every employee has the right to participate in forming a trade
union and to join one. Section 5 prohibits employers from discriminating against employees for
exercising these rights. Any dismissal for participating in trade union activities is automatically
unfair in terms of section 187(1)(f).
For DA members, this means musicians who are employees cannot lawfully be dismissed or
prejudiced because of union membership or participation in union activities.
