Labour unions

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 appeal sought to resolve a marine transporters’ dispute. It was an appeal against the decision of the Federal High Court (FHC) that dismissed a suit seeking a declaration that the actions of respondents, members of the Seamen Transport Association, compelling the appellant to join their association or load his boat according to their union rules and regulations, as unconstitutional and a breach of his right to freedom of association and to conduct business in Nigeria.