Conscientious objectors, closed shop agreements and freedom of association

Abstract

Section 26 of the Labour Relations Act 95 of 1996 makes provision for the introduction of closed shop agreements at the workplace between majority unions and employers. All employees covered by such agreements are required to be members of such unions or otherwise face the possibility of dismissal. "Conscientious objector" employees are an exception to this rule. The purpose of this submission is to investigate the constitutional validity of s26 in the light of the fundamental right to freedom of association in the Constitution of the Republic of South Africa, 1996 whilst investigating the position of "conscientious objectors" in certain foreign jurisdictions.