Environment and labour relations

AS per chapter 2 of the Bill of Rights, every South African has the right to life and freedom and security of the person.

Environment:

(1) Everyone has the right:

(a) To an environment that is not harmful to their health or well-being; and

(b) To have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that

(i) Prevent pollution and ecological degradation;

(ii) Promote conservation; and

(iii) Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Labour relations:

(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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