RRLLB81 ASSIGNMENT 02 2023 SEMESTER 02 QUALITY FEEDBACK

THE IMPACT OF THE PRINCIPLE OF MAJORITARIANISM AS PROMOTED BY THE LABOUR RELATIONS ACT 66 OF 1995 ON WORKERS AND MINORITY TRADE UNIONS Background Sections 18 and 23(2) of the Constitution of the Republic of South Africa, 1996 (the Constitution) and sections 4 and 5 of the Labour Relations Act 66 of 1995 (the LRA) provide for and protect the right to freedom of association. The right to freedom of association for workers covers their right to participate in forming trade unions; joining trade unions; participating in the activities of trade unions and their protection when exercising the right. (See the Constitution, s 23(2) and also SANDU v Minister of Defence 1999 (6) BCLR 615 (CC) 635.) Through this right the Constitution and the LRA promote the formation of trade unions by employees, whether or not they are majority or minority trade unions. In addition to the right to freedom of association, both the Constitution (s 23(5)) and the LRA (chap III) provide for the right of trade unions to engage in collective bargaining, again whether or not they are majority or minority trade unions. The LRA, however, promotes and encourages majority trade unions (majoritarianism) by offering more rights and benefits to them. In Kem-Lin Fashions CC v Brunton (2001) 22 ILJ 109 (LAC); [2001] JOL 7711 (LAC) [19], Zondo JP stated as follows