Hearing on collective bargaining in military

SANDU contends that the duty to bargain arises from section 23(5) of the Constitution which provides that ‘every trade union, employers’ organisation and employer has the right to engage in collective bargaining’. In the alternative it argues that the Defence Force regulations provide for a duty to bargain, and, again in the alternative, that the Constitution of the Military Bargaining Council set up in terms of those regulations does. The Minister supports the judgments of the Supreme Court of Appeal, which has ruled against SANDU’s main claims.