The possibility of declaring education as an essential service in terms of the Labour Relations Act

Abstract

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions.