Chapter 2 - International Labour Standards

Question 1

Name the conventions.

Answer 1

• Freedom of Association and the Right to Organise Convention, 1948 (No.87).
• Right to Organise and Collective Bargaining Convention, 1949 (No.98).
• Forced Labour Convention, 1930 (No.29).
• Abolition of Forced Labour Convention, 1957 (No. 105).

Question 2

In SA National Defence Union, which section of the Constitution was in question, and what right does it protect ?

Answer 2

Section 23 of the Constitution, which protects the right to fair labour practices, including the right to form and join trade unions.

Question 3

What restriction did the Defence Act impose on military personnel ?

SA National Defence Union case.

Answer 3

The Defence Act prohibited members of the permanent military force from joining trade unions.

Question 4

What argument was made regarding military members and employment contracts ?

SA National Defence Union case.

Answer 4

It was argued that members of the military enlist in the armed forces but do not sign a traditional contract and, therefore, are not considered workers under Section 23 of the Constitution.

Question 5

What did the court conclude regarding the inclusion of armed forces in the ILO conventions ?

SA National Defence Union case.

Answer 5

The court concluded that the ILO conventions (Convention 87 and 98) included armed forces within their scope, meaning that the ILO considered members of the armed forces to be workers.

Question 6

What was the final decision of the
court ?

SA National Defence Union case.

Answer 6

The court struck down the statutory prohibition against union activity and declared it unconstitutional.

Question 7

Can the Charter be directly enforced ?

Answer 7

No, the Charter cannot be directly enforced.

Question 8

Is there an independent supervisory mechanism to hold members accountable for breaching the Charter ?

Answer 8

No, there is no independent supervisory mechanism to enforce the Charter.