Teachers€™ Right to Strike: A Comparative Study of ILO Standards and South African Law

Prior to 1994, black teachers in South Africa were denied the right to strike. This left them vulnerable to exploitation and with little recourse to justice. The Constitution entrenched employees and teachers collective right to strike in the Bill of Rights. This right is recognised as a fundamental human right by the International Labour Organization (ILO). To give effect to it, Parliament passed the Labour Relations Act 66 of 1995 (LRA). This book critically discusses whether the LRA conforms to ILO standards particularly in respect to teacher strikes. Primary strikes, secondary strikes and protest action are evaluated in detail. The book advocates for amendments to the LRA to ensure complete national and international adherence. The suggested amendments concern the definition of strikes, their procedures, prohibitions and consequences. The book also examines the options available in dealing with strike violence. It highlights why arbitration cannot be a replacement for strikes, and why teacher strikes are important for a functional democracy. The book also analyses the debate about teacher professionalism versus trade unionism. It shows that trade unionism and strikes do not negate professionalism but are essential in maintaining a teacher’s professional status. Ultimately, the book develops a balanced South African model for teacher strikes that complies with ILO standards, accords with the Constitution, and reasonably balances a teacher’s right to strike with a student’s right to education.