AMCU CLAIMS MAJOR VICTORY FOR ALL UNIONS. LDA Inc succeeds in the High Court

On behalf of AMCU we challenged the Guidelines Issued in Terms of Section 95(9) of the Labour Relations Amendment Act 8 of 2018 which required that all trade unions conduct a secret ballot before embarking on strike action. The guidelines have been set aside by the High Court. These Guidelines were inconsistent with the provisions of the Labour Relations Act (LRA) and purported to materially interfere with the rights of trade unions and their members, making the setting aside of these Guidelines a landmark victory for all trade unions.

The matter between AMCU and the Minister of Employment and Labour was heard in the Pretoria division of the High Court on 17 March 2021. Judge Nicolene Janse van Nieuwenhuizen handed down judgment on 6 April 2021, in favour of AMCU with costs awarded against the Minister.

AMCU’s application was based on the fact that the issuing of the Guidelines constituted an administrative act in terms of the Promotion of Administrative Justice Act (PAJA) alternatively, that the Guidelines were at odds with the principle of legality enshrined in section 1(c) of the Constitution of South Africa.

Counsel: Adv Loxton SC and Adv P Daniell
​Attorney: R Kyriakou