RRLLB81
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Minority rights and collective bargaining
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
Varsity Cube 2026 +27 81 278 3372
, Abstract
This research examines the protection of minority trade unions in the context of
collective bargaining in South Africa. The Constitution of the Republic of South Africa
and the Labour Relations Act 66 of 1995 recognise the right to freedom of
association and collective bargaining for all employees. Despite these protections,
the practical application of these rights has often favoured majority trade unions in
workplaces. This has resulted in ongoing legal debates about whether minority
unions receive adequate representation and participation in collective bargaining
processes. The study analyses key Constitutional Court decisions, including NUMSA
v Bader Bop and AMCU v Chamber of Mines, to evaluate how courts have
interpreted the rights of minority unions. The research argues that although the law
formally recognises minority union rights, the dominance of majority unions can
undermine fair representation. The study highlights the need for a balanced
approach that protects workplace stability while ensuring meaningful participation of
minority trade unions in collective bargaining.
Varsity Cube 2026 +27 81 278 3372
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Minority rights and collective bargaining
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
Varsity Cube 2026 +27 81 278 3372
, Abstract
This research examines the protection of minority trade unions in the context of
collective bargaining in South Africa. The Constitution of the Republic of South Africa
and the Labour Relations Act 66 of 1995 recognise the right to freedom of
association and collective bargaining for all employees. Despite these protections,
the practical application of these rights has often favoured majority trade unions in
workplaces. This has resulted in ongoing legal debates about whether minority
unions receive adequate representation and participation in collective bargaining
processes. The study analyses key Constitutional Court decisions, including NUMSA
v Bader Bop and AMCU v Chamber of Mines, to evaluate how courts have
interpreted the rights of minority unions. The research argues that although the law
formally recognises minority union rights, the dominance of majority unions can
undermine fair representation. The study highlights the need for a balanced
approach that protects workplace stability while ensuring meaningful participation of
minority trade unions in collective bargaining.
Varsity Cube 2026 +27 81 278 3372
