Violent Strikes and Their Effects on Fundamental Rights in South Africa

Jean Chrysostome Kanamugire () and Phakisho Jerry Mello ()
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Jean Chrysostome Kanamugire: Faculty of Law, North-West University, South Africa.
Phakisho Jerry Mello: Faculty of Law, North-West University, South Africa.

Perspectives of Law and Public Administration, 2023, vol. 12, issue 3, 354-364

Abstract: The Violent strikes are serious problems in South Africa. However, the international and regional legal frameworks, the Constitution as well as the national legislation provide for the protection of the right to strike for employees. Workers are therefore entitled to exercise their right to strike under the prescribed legal frameworks. The strikes are frequently characterised by violence and harm in every sector. There are compelling reasons for employees to embark on strikes and they are discouraged from engaging in acts of misconduct during strikes. Violent strikes have devastating effects on the fundamental rights of individuals. They usually cause injury to members of the community and non-striking workers. Therefore, they unreasonable and unjustifiably limit the freedom to exercise the fundamental rights. The use of violence during strikes is a major concern as it negatively defeats the purpose of strikes. Such violence has a negative impact on the lives of non-striking employees and undermine the rights to property, dignity, trade, freedom and security of the person. Striking employees must take reasonable steps to avoid violence and ensure the protection of fundamental rights of all other persons during the strikes.

Keywords: right to strike; employees; employers; workplace; fundamental rights; violence. (search for similar items in EconPapers)
JEL-codes: K38 (search for similar items in EconPapers)
Date: 2023
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