JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 1(1) - 1997



Editorial 1997 (1)


The first issue of Law, Development & Democracy (LDD) is devoted to a subject that has been extensively debated over the last two years - the Labour Relations Act of 1995 (LRA). Is there anything to add to what has already been said? As this is our first issue, a...




Collective bargaining under the new Labour Relations Act: The resurrection of freedom of contract

 Jordaan, Barney 

In 'Collective bargaining under the new LRA: The resurrection of freedom of contract" Barney Jordaan examines the way in which the Act set out to extend the democratic principles of the interim Bill of Rights (largely reproduced in the current Bill of Rights) to the inherently unequal relationship between employer...


Does size matter? The Labour Relations Act, majoritarianism and union structure

 Macun, Ian 

As Ian Macun points out in 'Does size matter? The Labour Relations Act, majoritarianism and union structure', the Act favours bigger trade unions. While majority trade unionism has important advantages, small unions may in some cases serve the interests of their members as well or even better.

Given South Africa's...


Industrial democracy in South Africa's transition

 Du Toit, Darcy 

'Industrial democracy in South Africa's transition' by Darcy du Toit considers another paradigm shift contained in the new Act: from the traditional model of employer-employee relations towards more participative forms of management, as embodied in the provision for workplace forums. The article considers worker participation as an aspect of democratisation...


Small enterprises, the Labour Relations Act and collective bargaining in South Africa

 Goldberg, Melvin 

In 'Small enterprises, the Labour Relations Act and collective bargaining in South Africa' Melvin Goldberg considers the way in which the LRA deals with small enterprise. Questioning the widely-held belief that the small business sector is the engine of employment growth, he argues that this has more validity in the...


Trade unions and the law: Victimisation and self-help remedies

 Theron, Jan 

In 'Trade unions and the law: Victimisation, organisation and remedies of self-help" Jan Theron critically examines the historical process leading up to the enactment of the LRA with specific reference to the protection of trade unionists against victimisation. Whereas collective action and legal action are widely regarded as being complementary, ...




FORUM CONTRIBUTION: Labor Law for the 21 st century: Stalled reform in the United States

 Klare, Karl E 

This document by Karl Klare, an eminent labour law scholar and one of the originators of the critical legal studies tradition in the USA, is a slightly shortened version of his submission to the Dunlop Commission, appointed by President Clinton to investigate the future of management-labour relations in the USA...