10/06/2026
SAFTU CONGRATULATES NUPSAW ON IMPORTANT LABOUR COURT VICTORY FOR WORKERS’ FREEDOM OF ASSOCIATION
The South African Federation of Trade Unions (SAFTU) warmly congratulates its affiliate, the National Union of Public Service and Allied Workers (NUPSAW), on its important Labour Court victory in its matter against Parliament of the Republic of South Africa, the Speaker of the National Assembly, the Chairperson of the National Council of Provinces and NEHAWU.
This victory is not merely a victory for NUPSAW. It is a victory for every worker who believes that the right to freely choose a trade union is a fundamental democratic right that must be protected against interference by employers, the state and vested interests within the labour movement itself.
The Constitution guarantees freedom of association. The Labour Relations Act affirms the right of workers to organise and to choose the organisations that represent them. These rights are among the most important gains won through decades of struggle by the South African working class.
Yet time and again workers who choose to leave established unions and join new independent unions are confronted with resistance, delays, legal obstacles and institutional manoeuvres designed to frustrate their democratic choice.
SAFTU has consistently warned that sections of the state and certain entrenched unions have become increasingly intolerant of workers exercising their democratic right to seek alternative representation. Instead of allowing workers to determine their own future, these forces often seek to preserve institutional monopolies and privileged positions at the expense of workers’ constitutional rights.
This case highlights a disturbing pattern that has emerged across several sectors where employers, state institutions and established unions appear prepared to work together to prevent the growth of independent, democratic and campaigning unions affiliated to SAFTU.
Workers have the right to leave any union.
Workers have the right to join any union.
Workers have the right to organise themselves independently.
No employer. No state institution. No bargaining council. No political party. No established union has the authority to override that democratic choice.
SAFTU rejects all attempts to create a labour relations environment in which workers are treated as the property of particular unions rather than as conscious individuals capable of deciding who should represent them.
The federation is particularly concerned whenever organs of the state become embroiled in efforts that have the effect of defending institutional arrangements that workers themselves have begun to reject. Parliament, as the custodian of constitutional democracy, should be setting the highest standard in respecting freedom of association and workers’ democratic rights.
Instead, workers too often find themselves having to resort to lengthy legal battles simply to secure rights that are already guaranteed by the Constitution.
SAFTU has repeatedly warned against the emergence of a dangerous alliance between the neoliberal state and sections of the trade union bureaucracy whose primary concern is maintaining access to institutional privileges rather than advancing workers’ struggles.
A neoliberal state seeks labour stability and compliance.
Sweetheart unions seek guaranteed organisational dominance.
Workers seek genuine representation, democracy and militant defence of their interests.
When workers choose new unions that are independent, worker-controlled, democratic and campaigning, they often find themselves confronting not only the employer but an entire institutional apparatus determined to preserve the status quo.
This is fundamentally incompatible with trade union democracy.
Trade unions are not entitled to members.
They must earn workers’ support through leadership, accountability, democracy and struggle.
If workers decide to withdraw that support and place their confidence in another organisation, that decision must be respected.
Attempts to frustrate that choice represent an attack on democracy itself.
SAFTU therefore salutes NUPSAW, its leadership and its members for their determination and resilience in defending the rights of workers. This victory will inspire workers throughout the public sector and beyond who are seeking independent representation and who refuse to be trapped in organisational arrangements imposed from above.
The federation remains committed to building strong, independent, democratic, worker-controlled and campaigning unions that are prepared to confront austerity, privatisation, corruption, labour broking, casualisation and all forms of exploitation.
We call on all employers and state institutions to respect workers’ constitutional rights and to abandon any attempts to interfere with workers’ freedom of association.
The message from workers is simple:
Workers are not voting cattle. Workers are not organisational property. Workers have the right to choose.
An injury to one is an injury to all.
Issued by the South African Federation of Trade Unions (SAFTU)
Zwelinzima Vavi
General Secretary
For media enquiries:
Newton Masuku
National Spokesperson
066 168 2157
[email protected]
Asive Dyani
Media Officer
071 901 9564
