Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Collective Bargaining, Industrial Action and Picketing

Part B : Collective Bargaining

5. Fundamental commitments
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(1)The following constitute fundamental commitments on the part of trade unions and their members, trade union federations, employers and employers' organisations for orderly and constructive collective bargaining and peaceful industrial and protest action—
(a)to   promote  trust   and   develop   mutual   understanding   and   constructive engagement in their engagements with each other:
(b)to promote the importance of democracy and dialogue at the level of the workplace;
(c)to promote maximum participation and accountability in the preparation for, the conduct and the conclusion of negotiations by—
(i)members and worker representatives of the trade union party to the negotiations in terms of the Act;
(ii) if  represented  by  an employers' organisation, the  members  of that organisation;
(d)to take all the necessary measures to ensure the competence of negotiators appointed to represent the parties to the negotiations;
(e)to adhere to the principles of good faith bargaining; and
(f)that violence, intimidation, damage to property and the use of dangerous weapons in the pursuit of collective bargaining, industrial action or protest action is condemned in the strongest terms and should not be tolerated in the workplace, on picket lines or in any conduct related or incidental to such industrial and protest action;
(g)that dangerous  weapons  have no place  in industrial action and  cultural instruments should not be used to intimidate or cause harm;
(h)that the  parties  commit  to  prioritising and dealing  with violence  related conduct in industrial and protest action in an expeditious manner.

 

(2)In the context of the constitutional right to picket peacefully and unarmed and applying the relevant factors listed in section 3(2) of the Dangerous Weapons Act, 15 of 2013 to determine whether a person intends to use the object as a dangerous weapon, a dangerous weapon is any object that could  be used to fnjure or threaten a person or damage property. In the context of a picket there is no other justifiable use for the possession or display of such an object.

 

(3)The relevant factors in the context of a picket listed in section 3(2) of the Dangerous Weapons Act are as follows:
(a)The place and time where the person is found;
(b)The  behaviour  of  the person, including the  making of any threat or the display of intimidatory behaviour;
(c)The manner in which the object is carried or displayed;
(d)Any other relevant factors, Including any explanation the person may wish to provide for his or her possession of the object provided that this does not impose an obligation on the person to explain the possession of the object.