Constitution of the Republic of South Africa, 1996
Labour relations
- Jurisdiction
- South Africa
- Provision
- 23
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(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).
Source record
Source and verification
Constitution of the Republic of South Africa, 1996 · justice.gov.za · Retrieved 17 August 2026.
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