Section 23 Constitution of South Africa 1996
Section 23 of the Constitution of South Africa 1996 (as amended) is about Labour relations. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.
1. Everyone has the right to fair labour practices.
2. Every worker has the right
a. to form and join a trade union;
b. to participate in the activities and programmes of a trade union; and
c. to strike.
3. Every employer has the right
a. to form and join an employers’ organisation; and
b. to participate in the activities and programmes of an employers’ organisation.
4. Every trade union and every employers’ organisation has the right
a. to determine its own administration, programmes and activities;
b. to organise; and
c. to form and join a federation.
5. Every trade union, employers’ organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).
6. National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).
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