The Impact of the South African constitution on labour law

Abstract

The fact that labour rights have been adopted in our interim constitution' is largely due to a campaign led by COSATU. COSATU's campaign was basically to ensure that labour rights are included in the interim constitution so as to prevent a future democratic government from undermining workers' rights again as was the case under previous apartheid regimes". COSA TU formed an alliance with the ANC and the SACP where it put labour rights on the political agenda of both parties". Workers' alliance with the ANC and the SACP paid off. Both the ANC and SACP were asserting at negotiating forums such as the Constituent Assembly that labour rights should be entrenched in the constitution. Such entrenchment would allow workers to pursue their interests as against the property rights of employers. Labour rights are now specifically guaranteed in sec 27 of the constitution, namely, the right to fair labour practices, the right to form and join a trade union, the right to bargain collectively and the right to strike. Sec 17 provides for a general right to freedom of association and sec 12 provides that workers should not be subjected to servitude or forced labour. Sec 8 provides that workers have the right to equality before the law. In terms of sec 33 of the constitution, however, the rights are subject to limitation where necessary.