While the South African Constitution enshrines both children's right to a basic education and teachers' right to strike, conflict between these two often occurs when the way in which teachers' unions conduct strike actions detracts from learners' education. This article identifies the parties affected by industrial action in the school context,…

Strike and protest activity at South African universities continues to be prevalent nearly two decades after the dismantling of apartheid, although there has been a shift away from directing strikes and protests against the government (during the apartheid era), to directing them against higher education institutions and management (since the…

Developments in South African labour legislation since the inception of the new democracy indicate serious attempts by the legislators to protect the interests of employees. The Bill of Rights has, concurrently, enshrined a variety of fundamental rights that, in principle, offer protection in the workplace. Despite this established, protective…

Almost annually, South African education is troubled by strike action and the temporary discontinuation of teaching and learning. While teachers claim their constitutionally protected right to participate in strikes, learners' equally constitutionally protected right to education is violated. Not only is a tension between these two rights…

The South African State is mandated by Sections 28(2) and 29(1) of the South African Constitution to make provision for the education of a South African child in fulfilment of the child's constitutional rights. Teacher Unions (TUs) and provincial Departments of Basic Education (DBEs) have often promised South African high school student body, in…