Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order

 

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dc.contributor.advisor Kalula, Evance en_ZA
dc.contributor.advisor Okpaluba, Chuks en_ZA
dc.contributor.author Budeli, Mpfariseni en_ZA
dc.date.accessioned 2014-12-27T14:15:27Z
dc.date.available 2014-12-27T14:15:27Z
dc.date.issued 2007 en_ZA
dc.identifier.citation Budeli, M. 2007. Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/10253
dc.description Includes bibliographical references (leaves 297-330). en_ZA
dc.description.abstract This doctoral thesis deals with freedom of association and trade unionism in South Africa. Freedom of association is one of the fundamental rights and freedoms enshrined in a number of legal instruments both at the international and municipal levels. Progress and democracy require respect for human rights, including the right to freedom of association at the workplace. Trade unionism is the expression of this right. The development of trade unionism in South Africa is closely related to that of freedom of association and was instrumental to the demise of apartheid. This work provides a theoretical, historical and legal background to freedom of association and trade unionism, both from a comparative and international law perspective. It then investigates the legal and jurisprudential protection of freedom of association and trade unionism under apartheid before dealing with their protection under the post-apartheid legal order. The thesis argues that international law in general and international labour law in particular contributed a lot to the development of freedom of association and trade unionism in South Africa. It concludes that South Africa has gone a long way in protecting freedom of association at the workplace and trade unions played a critical role in the consolidation of democracy in the country. The prospects for the protection of freedom of association and trade unions are good. However, there are also a number of challenges, political, social, economic, and intellectual. These challenges need to be overcome to consolidate democracy and a culture of human rights. The thesis ends with some recommendations for further research to ensure the best protection of freedom of association and trade unions in South Africa and the rest of our continent. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Commercial Law en_ZA
dc.title Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order en_ZA
dc.type Doctoral Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Doctoral
dc.type.qualificationname PhD en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Budeli, M. (2007). <i>Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/10253 en_ZA
dc.identifier.chicagocitation Budeli, Mpfariseni. <i>"Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2007. http://hdl.handle.net/11427/10253 en_ZA
dc.identifier.vancouvercitation Budeli M. Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2007 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/10253 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Budeli, Mpfariseni AB - This doctoral thesis deals with freedom of association and trade unionism in South Africa. Freedom of association is one of the fundamental rights and freedoms enshrined in a number of legal instruments both at the international and municipal levels. Progress and democracy require respect for human rights, including the right to freedom of association at the workplace. Trade unionism is the expression of this right. The development of trade unionism in South Africa is closely related to that of freedom of association and was instrumental to the demise of apartheid. This work provides a theoretical, historical and legal background to freedom of association and trade unionism, both from a comparative and international law perspective. It then investigates the legal and jurisprudential protection of freedom of association and trade unionism under apartheid before dealing with their protection under the post-apartheid legal order. The thesis argues that international law in general and international labour law in particular contributed a lot to the development of freedom of association and trade unionism in South Africa. It concludes that South Africa has gone a long way in protecting freedom of association at the workplace and trade unions played a critical role in the consolidation of democracy in the country. The prospects for the protection of freedom of association and trade unions are good. However, there are also a number of challenges, political, social, economic, and intellectual. These challenges need to be overcome to consolidate democracy and a culture of human rights. The thesis ends with some recommendations for further research to ensure the best protection of freedom of association and trade unions in South Africa and the rest of our continent. DA - 2007 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2007 T1 - Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order TI - Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order UR - http://hdl.handle.net/11427/10253 ER - en_ZA


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