RIGHT TO STRIKE BY PUBLIC HEALTHCARE WORKERS AS ESSENTIAL
SERVICE AND LEGISLATIVE LIMITATIONS IMPOSED THERETO: BALANCING
THE RIGHT TO STRIKE BY PUBLIC HEALTHCARE WORKERS AGAINST
PATIENTS’ RIGHT AND HEALTH CARE PERSONNEL
By
KOKETSO SILAS LEPAAKU
(59523336)
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT: JURISPRUDENCE
RRLLB81 ASSIGNMENT 03
UNIQUE NUMBER: 752433
MR LC COETZEE
2021
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME: KOKETSO SILAS LEPAAKU
………………………………………………………………….………………….
SIGNATURE: S LEPAAKU
………………………………………………………………….………………….
STUDENT NUMBER: 59523336
………………………………………………………………….………………….
MODULE CODE: RRLLB81
DATE: …06/10/2021………………………………………………………….…………….
TOPIC SELECTED: STRIKES IN PUBLIC HEALTHCARE AS ESSENTIAL SERVICE
………………………………………………………………….………………….
MARK RECEIVED FOR ASSIGNMENT 01: NOT YET PROCESSED…..100%
MARK RECEIVED FOR ASSIGNMENT 02: …………………………………..71%
, ABSTRACT
The right to strike is a fundamental right entrenched in section 23 of the Bill of Rights.
Strikes are an almost everyday occurrence in South Africa and strikes in healthcare
facilities raise difficult and complex moral and ethical questions. The right to strike is
conditionally limited by section 36 of the Constitution and for workers engaging in
essential services it is further limited under section 65 of the Labour Relations Act.
Healthcare practitioners, including emergency care personnel, and much-needed
healthcare facilities have come under attack during the National Education, Health and
Allied Workers’ Union (NEHAWU) strikes, which have prevented patients from
accessing healthcare and threatened the training of undergraduate students and
registrars. While generally security and policing have been lacking at targeted facilities,
many doctors stood by their patients despite threats to their safety. Healthcare
facilities, vehicles and practitioners must be protected. Solutions must come from
politicians and include preventive actions and enforcement of the law.
KEYWORDS
Bill of rights
Constitution
Legislation
Strike
Public healthcare workers
Essential services
Labour relations Act
Fundamental human rights
SERVICE AND LEGISLATIVE LIMITATIONS IMPOSED THERETO: BALANCING
THE RIGHT TO STRIKE BY PUBLIC HEALTHCARE WORKERS AGAINST
PATIENTS’ RIGHT AND HEALTH CARE PERSONNEL
By
KOKETSO SILAS LEPAAKU
(59523336)
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT: JURISPRUDENCE
RRLLB81 ASSIGNMENT 03
UNIQUE NUMBER: 752433
MR LC COETZEE
2021
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME: KOKETSO SILAS LEPAAKU
………………………………………………………………….………………….
SIGNATURE: S LEPAAKU
………………………………………………………………….………………….
STUDENT NUMBER: 59523336
………………………………………………………………….………………….
MODULE CODE: RRLLB81
DATE: …06/10/2021………………………………………………………….…………….
TOPIC SELECTED: STRIKES IN PUBLIC HEALTHCARE AS ESSENTIAL SERVICE
………………………………………………………………….………………….
MARK RECEIVED FOR ASSIGNMENT 01: NOT YET PROCESSED…..100%
MARK RECEIVED FOR ASSIGNMENT 02: …………………………………..71%
, ABSTRACT
The right to strike is a fundamental right entrenched in section 23 of the Bill of Rights.
Strikes are an almost everyday occurrence in South Africa and strikes in healthcare
facilities raise difficult and complex moral and ethical questions. The right to strike is
conditionally limited by section 36 of the Constitution and for workers engaging in
essential services it is further limited under section 65 of the Labour Relations Act.
Healthcare practitioners, including emergency care personnel, and much-needed
healthcare facilities have come under attack during the National Education, Health and
Allied Workers’ Union (NEHAWU) strikes, which have prevented patients from
accessing healthcare and threatened the training of undergraduate students and
registrars. While generally security and policing have been lacking at targeted facilities,
many doctors stood by their patients despite threats to their safety. Healthcare
facilities, vehicles and practitioners must be protected. Solutions must come from
politicians and include preventive actions and enforcement of the law.
KEYWORDS
Bill of rights
Constitution
Legislation
Strike
Public healthcare workers
Essential services
Labour relations Act
Fundamental human rights
