Labour Relations Act, 1995 (Act No. 66 of 1995)Codes of Good PracticeCollective Bargaining, Industrial Action and PicketingPart E : Picketing24. Introduction |
| (1) | This Part of the Code is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lockout. It Is intended to be a guide to those who may be contemplating, organising or taking part in a picket and for those who as employers or employees or members of the general public that may be affected by it. |
| (2) | Section 17 of the Constitution recognises the right to assemble, to demonstrate, to picket and to present petitions. This constitutional right can only be exercised peacefully and unarmed. Section 69 of the Act seeks to give effect to this right in respect of a picket in support of a protected strike or a lockout. |
| (3) | Any person interpreting or applying the Act in respect of any picket must take this Part of the Code into account. This is the effect of section 203 of the Act. This applies to employers and their employer organisations, employees and their trade unions, the Commission, Labour Court, the Labour Appeal Court, private security services and the South African Police Services.(include supporters and landlord) |
| (4) | This Part of the Code does not apply to all pickets and demonstrations in which employees and trade unions may engage. It applies only to pickets held in terms of section 69 of this Act. That section has four elements: |
| (a) | The picket must be authorised by a registered trade union; |
| (b) | Only members and supporters of the trade union may participate in the picket; |
| (c) | The purpose of the picket must be to peacefully demonstrate in support of any protected strike or in opposition to any lockout; |
| (d) | The picket may only be held in a public place outside the premises of the employer or, with the permission of the employer, inside its premises. The permission of the employer may be overruled by the CCMA, if the permission is unreasonably denied. The factors to be taken into account to determine whether permission is unreasonably denied are set out in clause 29 of this Code. |
| (5) | If the picket complies with these four elements then the ordinary laws regulating the right of assembly do not apply. These laws include the common law, municipal by-laws and the Regulation of Gatherings Act,205 of 1993. |
| (6) | A picket conducted by an unregistered trade union or for purposes other than to demonstrate in support of a protected strike or a lockout is not protected by section 69 of the Act. The lawfulness of that picket or demonstration will depend on compliance with the ordinary laws regulating public gatherings referred to in subclause (5). |