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17 Indus. L.J. (Juta) 821 (1996)
Ex Parte Chairperson of the Constitutional Assembly: In Re Certification of the Constitution of the Republic of South Africa, 1996

handle is hein.journals/iljuta17 and id is 835 raw text is: EX PARTE CHAIRPERSON OF THE CONSTITUTIONAL ASSEMBLY: IN RE CERTIFICATION OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996* A CONSTITUTIONAL COURT 1-5 and 8-11 July; 6 September 1996 Before CHASKALSON P, MAHOMED DP, DIDCOTT J, GOLDSTONE J, B KRIEGLER J, LANGA J, MADALA J, MOKGORO J, O'REGAN J and SACHS J Constitutional law-Constitution-Certification of new constitutional text in C terms of s 71 of Constitution of the Republic of SA (Act 200 of 1993). Constitutional law-Constitution-Immunizing LRA from constitutional scrutiny-Section 241 of new text-Conflicts with Constitutional Principles II, IV and VII. Constitutional law--Constitution-Right to bargain collectively-Constitu- D tional Principle XXVIII required inclusion of right of individual employers to bargain collectively-New text did not comply. Constitutional law-Constitution-Right to lock-out-Implicit in right to bargain collectively. Constitutional law-Constitution-Right to lock-out-Not a universally E accepted fundamental right. Constitutional law-Constitution-Right to lock-out-Not equivalent to right to strike. Constitutional law-Constitution-Right to lock-out-Right of employers to use economic sanctions in terms of s 23 to be regulated by legislation within a F constitutional framework-Inclusion of right to strike does not mean that legislative provision permitting lock-outs is necessarily unconstitutional. Section 71(1) of the Constitution of the Republic of South Africa (Act 200 of 1993) (the interim Constitution) provided that a new constitutional text passed by the Constitutional Assembly had to comply with the C Constitutional Principles contained in sch 4 of the interim Constitution. Section 71(2) of the interim Constitution provided further that a constitutional text passed by the Constitutional Assembly would be of no force and effect unless the Constitutional Court has certified that the provisions of the new text comply with the Constitutional Principles. On 8 H May 1996 the Constitutional Assembly, in accordance with the procedures laid down in ch 5 of the interim Constitution, adopted a new constitutional text: the Constitution of the Republic of South Africa, 1996 (the new text). On 10 May 1996 the chairperson of the Constitutional Assembly referred the new text to the Constitutional Court for certification in terms of s 71(2). * This is an excerpt from the judgment. Only those paragraphs of the judgment that explain the certification process and that directly affect labour law have been excerpted. The full judgment is reported in Ex Parte Chairperson of the Constitutional Assembly: In re certification of the Constitution of the Republic of South Africa, 1996 1996 (4) SA 744 (CC).

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