Freedom of association in the disciplined forces of the republic of Botswana: a comparative analysis between the laws regulating labour relations in Botswana's discliplined forces and South African security services

Abstract

Another facet of this case concerns the restriction of the applicants' choice as regards the trade unions which they could form of their own volition. An individual does not enjoy the right to freedom of association if in reality the freedom of action or choice which remains available to him is either non-existent or so reduced as to be of no practical value. Jayawickrama

The principal objective for this study is to investigate the prohibition and/or the effectiveness of freedom of association in the disciplined forces in Botswana as contrasted with the laws and practices in South Africa. The study aims to explore whether freedom of association exists in the disciplined forces of the Republic of Botswana; and if it does, how effective it is, and if it does not exist, whether such non-existence infringes the human rights of the disciplined forces to enjoy the fundamental rights to form and join trade unions of their choice as provided for in section 13(1) of the Constitution of Botswana. The study finds that the right to form or belong to a trade union 1s an absolute right in terms of section 13(1) of the Constitution. The study therefore surmises that the exclusion of trade unions in the disciplined forces of Botswana is not reasonably justified in a democratic society, thereby rendering section 24 of the Police Act, section 35 of the Prisons Act and Regulation 75 of the Botswana Defense Force unconstitutional.