18 Sep 2009: ISS Seminar: Pretoria: The Challenge of Unionisation and Democratisation of the South African National Defence Force

The Challenge of Unionisation and Democratisation of the South African National Defence Force

 

18 September 2009

 

Security Sector Governance Programme (SSG)



In 1994 when the Republic of South Africa reverted to constitutional democracy with a Bill Of Rights, the peaceful transition was universally praised as a model of political rapprochement. One of the significant gains of that transition was the inclusion of a very liberal Bill of Rights, going far beyond the traditional or classical civil liberties. In the sphere of employment relations, the Constitution enshrined, in very broad strokes, the right to freedom of association for `everyone` and the right of ‘every worker’ to form and join trade unions and to participate in the activities and programmes of such unions.

 

In the case of the South African National Defence Force Union v Minister of Defence, 1999 (4) SA 469 (CC), the Constitutional Court invalidated a provision in the Defence Act, Act no 44 of 1957, which prohibited all members of the SANDF from performing acts of public protest. The Court was of the view that the prohibition was too wide and was contrary to section 16 of the Constitution, guaranteeing freedom of expression, and section 18 on freedom of association.

 

Had the Constitutional Court gone too far by invalidating these laws? On the surface it would seem that the Court had gone further than international practice where members of disciplined forces can have unions for bargaining purposes, but not embark on strikes and public demonstrations. Has military discipline and therefore national security not been compromised in the apparent effort to enhance the democratic governance of the South African National Defence Force?

 

Keynote Speakers:

  1. Hon. Booi Mnyamezeli Shedrack, the Chairperson of the Portfolio Committee on Defence
  2. Major-General Len Le Roux (Rtd)
  3. Professor Lindy Heincken, University of Stellenbosch
  4. Professor Pierre de Vos, University of Cape Town

Date: Friday, 18 September 2009
Time: 13h30 (Seminar starts); 12h30 (light lunch)
Venue: ISS Conference Room, Block C, Brooklyn Court, 361 Veale Street, New Muckleneuk, Tshwane (Pretoria)
(Parking in Brooklyn Mall and ABSA Court)

RSVP: Ms Millicent Mlaba, Tel: (012) 3469500; Fax: (012) 460 0998; E-mail: [email protected]

Contact details

Dr Naison Ngoma – Programme Head
Security Sector Governance Programme
[email protected]

 

Stephen van Neel - Senior Researcher
Security Sector Governance Programme
[email protected]
Tel: + 27 12 346 9500
Fax: + 27 12 460 0998



Seminar Documentation