The Bill of Rights sets out the fundamental rights of all South Africans, including the right to dignity and the right to equality. The Bill of Rights also states when rights may be limited. Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa) Western Cape Government 2. 2 The concept of open and democratic society under the South African Constitution.
The term open and democratic society is mentioned in different sections of the 1996 South African Constitution. South Africa has given effect to its duties as members under these Conventions in section 23(2) (c) of the Constitution which provides that every worker has the right to strike. According to Mohamed (Without Prejudice: 2012) South Africa is one of the only countries in the world that has elected to entrench the right to strike as a fundamental Bill of Rights of the Constitution permits rights to limit laws of general application to the extent which can be justified in the society based on human equality, dignity and freedom (Sec31(6), The South African Constitution, n.
d). However, there must be some alternative for the essential service workers to strike action. In chapter 9, the South African Constitution establishes six independent institutions supporting constitutional democracy.
This assignment aims to review the chapter 9 institutions of the Constitution in terms of its origin, motivation which is the reason for existence and it will also focus on how these institutions are composed.
The Labour Relations Act, 66 of 1995, (LRA) has been in the spotlight recently in regard to the recent communications from government that it is considering designating the education sector as an essential service. This has created a source of tension between government and the education sector unions in regard to teachers right to strike. The South African Constitution recognises the right to strike as an important bargaining tool for trade unions.
It therefore comes as no surprise that a legal mechanism aimed at limiting the scope of this right has become highly contested.
Ten years into democracy is reason enough to reflect on the work of the Constitutional Court of South Africa. My focus is the constitutional right to fair labour practice.
New labour laws passed since 1995 read with the Constitution create a single system of law which substantially supplants the