Country Rating: 1

  • Irregular violation of rights

  • Collective labour rights are generally guaranteed. Workers can freely associate and defend their rights collectively with the government and/or companies and can improve their working conditions through collective bargaining. Violations against workers are not absent but do not occur on a regular basis.

Freedom of association is protected by Articles 18 and 23 of the Constitution of the Republic of South Africa 1996 (as amended) and by Chapter II of the Labour Relations Act 1995 (as amended). Section 5 of the Labour Relations Act prohibits discrimination against an employee for exercising his or her right to freedom of association, or against a person seeking employment because of their past, present or anticipated membership of or participation in a trade union, a federation of trade unions or the lawful activities of a trade union or federation.

The right to collective bargaining is guaranteed for every trade union, employers' organisation and employer by Article 23(5) of the Constitution of the Republic of South Africa 1996 (as amended). Collective bargaining is regulated by Chapter III of the Labour Relations Act 1995, which anticipates that bargaining councils will be established with a view to concluding and enforcing collective agreements. Collective agreements are binding on the parties and their members and, if the members of the trade union party constitute a majority of the employees in the workplace, employees who are not members of the trade union party to the agreement.

The right to strike is expressly protected by Article 23(2) of the Constitution and section 64 of the Labour Relations Act. However, restrictions on the right to strike apply where a relevant collective agreement exists, or where the matter in dispute does not concern trade union organisational rights and is required (by a collective agreement) or permitted (by law) to be referred for arbitration or to the Labour Court (section 65, Labour Relations Act).

Marikana massacre: On 16 August 2012, police opened fire on striking miners killing 34 people at the Lonmin Mine. In the preceding week, 10 people, including two police officers and two security guards were killed during confrontations. The Marikana Commission of Inquiry, appointed by the Government to investigate the violence, is due to complete its work on 31 July 2014.

Disclaimer: © ITUC-CSI-IGB 2010

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.