This case considered whether striking employees were in disregard of the primary objective of section 69(1) of the LRA, of peaceful protest, when they contravened picketing rules issued by the Commission for Conciliation, Mediation and Arbitration.
This matter came to the Constitutional Court for confirmation of an order of the High Court that declared section 126B of the Defence Act 44 of 1957 (the Act) as unconstitutional; for prohibiting members of the South African National Defence Force (SANDF) from participating in public protests and joining trade unions. The Constitutional Court thus determined whether section 126B of the Act was a justifiable limitation of the applicant’s, SANDF, freedoms of expression, association and assembly.
This was an application to oppose a relief to interdict the respondents, students at the Durban University of Technology, from protesting in a violent manner that threatens employees and damages the property of the applicant, the Durban University of Technology.
The court determined whether the applicant made a case for a final interdict, and whether the relief sought infringed the respondent's rights to freedom of expression, rights to education and protest in a justifiable manner.
