LLW2602 Assignment 1 Semester 1 Due 6 March 2026

LLW2602
ASSIGNMENT 1 SEMESTER 1 2026

UNIQUE NO.
DUE DATE: 6 MARCH 2026

, Collective Labour Law - LLW2602

QUESTION 1
(a) Protection of the Right to Freedom of Association in South African Law (15)

The right to freedom of association is a foundational principle of South African labour
law and is strongly protected at constitutional and statutory levels.

1. Constitutional Protection

The primary source of protection is the Constitution of the Republic of South Africa,
1996.

 Section 18: Guarantees everyone the right to freedom of association.
 Section 23(1): Provides that everyone has the right to fair labour practices.
 Section 23(2): Specifically grants workers the right:
o To form and join a trade union
o To participate in union activities and programmes
o To strike
 Section 23(4): Grants employers the right to form and join employers’
organisations.

Because these rights are constitutional, any limitation must comply with section 36 (the
general limitation clause).




2. Statutory Protection – Labour Relations Act 66 of 1995

The Labour Relations Act 66 of 1995 (LRA) gives practical effect to section 23 of the
Constitution.

Key protections include: