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'Revolution in the ranks? an analysis of labour rights in the South African military'
In 2007 a military trade union approached the Constitutional Court for an order compelling the South African National Defence Force (SANDF) to bargain with it over conditions of service. 1 Surely the first step to a coup d'etat is a military organised to pursue interests other than those of the stat...
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| Format: | Thesis |
| Language: | English English |
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Department of Public Law
2026
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| _version_ | 1867613324541165568 |
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| access_status_str | Open Access |
| author | Fergus, Shaun |
| author2 | Cheadle, Halton |
| author_browse | Cheadle, Halton Fergus, Shaun |
| author_facet | Cheadle, Halton Fergus, Shaun |
| author_sort | Fergus, Shaun |
| collection | Thesis |
| description | In 2007 a military trade union approached the Constitutional Court for an order compelling the South African National Defence Force (SANDF) to bargain with it over conditions of service. 1 Surely the first step to a coup d'etat is a military organised to pursue interests other than those of the state which it serves? However this case was a sequel to the 1999 decision of the Constitutional Court which struck down the prohibition on members of the SANDF forming and joining trade unions. 2 It paved the way for the development of a parallel system of labour relations in the military.3 This includes the establishment of a Military Bargaining Council at which registered military trade unions may bargain with the SANDF as employer.4 It is clear that an effective system of voice regulation is necessary in the modem military. The manner in which the Constitutional Court has facilitated the development of this system is however problematic. The two decisions raise questions about constitutional adjudication and the limits of labour law. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43269 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:34:20.437Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43269 'Revolution in the ranks? an analysis of labour rights in the South African military' Fergus, Shaun Cheadle, Halton labour rights South Africa In 2007 a military trade union approached the Constitutional Court for an order compelling the South African National Defence Force (SANDF) to bargain with it over conditions of service. 1 Surely the first step to a coup d'etat is a military organised to pursue interests other than those of the state which it serves? However this case was a sequel to the 1999 decision of the Constitutional Court which struck down the prohibition on members of the SANDF forming and joining trade unions. 2 It paved the way for the development of a parallel system of labour relations in the military.3 This includes the establishment of a Military Bargaining Council at which registered military trade unions may bargain with the SANDF as employer.4 It is clear that an effective system of voice regulation is necessary in the modem military. The manner in which the Constitutional Court has facilitated the development of this system is however problematic. The two decisions raise questions about constitutional adjudication and the limits of labour law. 2026-05-21T09:25:44Z 2026-05-21T09:25:44Z 2007 2026-05-21T09:19:21Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43269 en eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | labour rights South Africa Fergus, Shaun 'Revolution in the ranks? an analysis of labour rights in the South African military' |
| thesis_degree_str | Master's |
| title | 'Revolution in the ranks? an analysis of labour rights in the South African military' |
| title_full | 'Revolution in the ranks? an analysis of labour rights in the South African military' |
| title_fullStr | 'Revolution in the ranks? an analysis of labour rights in the South African military' |
| title_full_unstemmed | 'Revolution in the ranks? an analysis of labour rights in the South African military' |
| title_short | 'Revolution in the ranks? an analysis of labour rights in the South African military' |
| title_sort | revolution in the ranks an analysis of labour rights in the south african military |
| topic | labour rights South Africa |
| url | http://hdl.handle.net/11427/43269 |
| work_keys_str_mv | AT fergusshaun revolutionintheranksananalysisoflabourrightsinthesouthafricanmilitary |