LLW2602 ASSIGNMENT 1 2026
DUE 14 AUGUST 2026
QUESTION 1
1.1. Which section of the Constitution of the Republic of South Africa, 1996,
guarantees freedom of association?
B. Section 18
Section 18 of the Constitution provides that "everyone has the right to freedom of
association". This is the general constitutional foundation for freedom of association,
while section 23 provides specific labour-related protections for workers and employers.
1.2. Freedom of association in labour law primarily means that employees have
the right to:
C. Join and participate in trade unions of their choice
Freedom of association in the employment context entails the right of workers to form
and join trade unions of their choice and to participate in their lawful activities. Section
4(1)(b) of the LRA provides that "every employee has the right to join a trade union,
subject to its constitution". Employees are not restricted to joining only one trade union
approved by the employer, nor does freedom of association mean they can refuse to
comply with workplace rules or negotiate only individual contracts.
, 1.3. The primary purpose of collective bargaining is to:
B. Enable employers and employees to negotiate terms and conditions of employment
Section 1(c) of the LRA provides a framework within which employees and their trade
unions, employers and employers' organisations can "collectively bargain to determine
wages, terms and conditions of employment and other matters of mutual interest".
The LRA's primary purpose includes promoting orderly collective bargaining and
collective bargaining at sectoral level. Collective bargaining is a voluntary process in
which organised labour and employers negotiate collective agreements to determine
wages, terms and conditions of employment or other matters of mutual interest. Its
purpose is not to resolve criminal disputes, replace employment contracts, or
eliminate trade unions.
1.4. In terms of the Labour Relations Act (LRA), collective bargaining generally
takes place between:
B. Trade unions and employers or employers' organisations
A collective agreement is defined in section 213 of the LRA as "a written agreement
concerning terms and conditions of employment or any other matter of mutual interest
concluded by one or more registered trade unions, on the one hand and, on the other
hand
(a) one or more employers;
(b) one or more registered employers' organisations; or
DUE 14 AUGUST 2026
QUESTION 1
1.1. Which section of the Constitution of the Republic of South Africa, 1996,
guarantees freedom of association?
B. Section 18
Section 18 of the Constitution provides that "everyone has the right to freedom of
association". This is the general constitutional foundation for freedom of association,
while section 23 provides specific labour-related protections for workers and employers.
1.2. Freedom of association in labour law primarily means that employees have
the right to:
C. Join and participate in trade unions of their choice
Freedom of association in the employment context entails the right of workers to form
and join trade unions of their choice and to participate in their lawful activities. Section
4(1)(b) of the LRA provides that "every employee has the right to join a trade union,
subject to its constitution". Employees are not restricted to joining only one trade union
approved by the employer, nor does freedom of association mean they can refuse to
comply with workplace rules or negotiate only individual contracts.
, 1.3. The primary purpose of collective bargaining is to:
B. Enable employers and employees to negotiate terms and conditions of employment
Section 1(c) of the LRA provides a framework within which employees and their trade
unions, employers and employers' organisations can "collectively bargain to determine
wages, terms and conditions of employment and other matters of mutual interest".
The LRA's primary purpose includes promoting orderly collective bargaining and
collective bargaining at sectoral level. Collective bargaining is a voluntary process in
which organised labour and employers negotiate collective agreements to determine
wages, terms and conditions of employment or other matters of mutual interest. Its
purpose is not to resolve criminal disputes, replace employment contracts, or
eliminate trade unions.
1.4. In terms of the Labour Relations Act (LRA), collective bargaining generally
takes place between:
B. Trade unions and employers or employers' organisations
A collective agreement is defined in section 213 of the LRA as "a written agreement
concerning terms and conditions of employment or any other matter of mutual interest
concluded by one or more registered trade unions, on the one hand and, on the other
hand
(a) one or more employers;
(b) one or more registered employers' organisations; or
