Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order

• Main Author: Budeli, Mpfariseni
• Other Authors: Kalula, Evance
• Format: Doctoral Thesis
• Language: English
• Published: University of Cape Town 2014
• Subjects: Commercial Law
• Online Access: http://hdl.handle.net/11427/10253

Includes bibliographical references (leaves 297-330). === This doctoral thesis deals with freedom of association and trade unionism in South Africa. Freedom of association is one of the fundamental rights and freedoms enshrined in a number of legal instruments both at the international and municipal levels. Progress and democracy require respect for human rights, including the right to freedom of association at the workplace. Trade unionism is the expression of this right. The development of trade unionism in South Africa is closely related to that of freedom of association and was instrumental to the demise of apartheid. This work provides a theoretical, historical and legal background to freedom of association and trade unionism, both from a comparative and international law perspective. It then investigates the legal and jurisprudential protection of freedom of association and trade unionism under apartheid before dealing with their protection under the post-apartheid legal order. The thesis argues that international law in general and international labour law in particular contributed a lot to the development of freedom of association and trade unionism in South Africa. It concludes that South Africa has gone a long way in protecting freedom of association at the workplace and trade unions played a critical role in the consolidation of democracy in the country. The prospects for the protection of freedom of association and trade unions are good. However, there are also a number of challenges, political, social, economic, and intellectual. These challenges need to be overcome to consolidate democracy and a culture of human rights. The thesis ends with some recommendations for further research to ensure the best protection of freedom of association and trade unions in South Africa and the rest of our continent.