Assignment 1 Semester 1 2026
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Due Date: 6 March 2026
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, 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
1
Constitution of the Republic of South Africa, 1996 s 18.
2
ibid s 23(2).
3
ibid s 23(3).
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