Trade unions and political parties in the workplace

In the South African labour environment, the relationship between employers, employees and their representatives is regulated by the Labour Relations Act, Act 66 of 1995 as amended (LRA). This act provides for trade unions that are officially registered with the Department of Employment and Labour, to intervene in the employment relationship between employee and employer and, among other things, address workplace grievances and collective bargaining.

What about political parties?

The Labour Appeal Court confirmed in the case of CCI South Africa (Pty) Ltd vs African National Congress Youth League and Others (2024) 45 ILJ 969 (LAC) that political parties are only allowed to assist their members in an advisory capacity. However, they are not trade unions and cannot claim organisational rights in a workplace.

A Labour Court case, Calgan Lounge (Pty) Ltd vs. National Union of Furniture and Allied Workers of South Africa and Others [2018] JOL 40495 (LC), sheds light on the dangers of such interference.

The role of trade unions

Historically, trade unions have been essential for advancing workers’ rights. The LRA requires trade unions to be registered to ensure that they comply with strict regulatory requirements. This registration places trade unions under the supervision of the Registrar of Labour Relations, in order to ensure fair and transparent processes. The LRA also provides for workplace forums and employers’ organisations to resolve disputes, but political parties are expressly excluded from these structures.

Political interference and incitement to illegal activities

In the Calgan Lounge case, the Economic Freedom Fighters (EFF) involved themselves in a labour dispute at a logistics company. The EFF claimed that they had a mandate to act on behalf of the workers and handed over a memorandum of demands to the company’s CEO. According to the court, these demands, which were written on an EFF letterhead, resembled a political manifesto rather than legitimate workplace grievances. The company warned the EFF that their actions were inappropriate and that there were existing grievance procedures and trade union representation in the workplace. However, the workers, supported by the EFF, undertook a go-slow strike and later a full strike, which resulted in acts of intimidation, obstruction and blocking of the company’s premises and damage to property.

The company applied for an urgent interdict at the Labour Court to stop the strike, which was deemed unprotected because it did not comply with the requirements of the LRA. The court first issued an interim order against the EFF, declaring the strike illegal, ordering them to cease their illegal actions and to return to court in approximately two months to show cause why the interdict should be lifted.

Court proceedings resumed on the return date after which the court found that the EFF had no right to become involved in the dispute, as political parties have no place in LRA’s structures. By interfering, the EFF undermined the collective bargaining process, which ultimately resulted in the striking workers losing their jobs. The court confirmed the interdict against the EFF and the strikers, with costs.

Political parties belong outside the workplace

The Calgan Lounge case clearly shows the risks of political interference in workplace disputes. Political parties are not subject to the same regulations as trade unions and their actions can upset the delicate balance of collective bargaining. Employees can therefore only seek the advice of their political parties, but the political parties cannot negotiate labour matters on behalf of the employee/union.

Employers and employees must recognise the importance of established procedures and the role of registered trade unions. The LRA’s structures are designed to ensure order and fairness and the involvement of political parties can undermine these delicate processes.

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