Another facet of this case concerns the restriction of the applicants' choice as
regards the trade unions which they could form of their own volition. An individual
does not enjoy the right to freedom of association if in reality the freedom of action
or choice which remains available to him is either non-existent or so reduced as to
be of no practical value. Jayawickrama
The principal objective for this study is to investigate the prohibition and/or
the effectiveness of freedom of association in the disciplined forces in
Botswana as contrasted with the laws and practices in South Africa. The
study aims to explore whether freedom of association exists in the
disciplined forces of the Republic of Botswana; and if it does, how effective it
is, and if it does not exist, whether such non-existence infringes the human
rights of the disciplined forces to enjoy the fundamental rights to form and
join trade unions of their choice as provided for in section 13(1) of the
Constitution of Botswana.
The study finds that the right to form or belong to a trade union 1s an
absolute right in terms of section 13(1) of the Constitution. The study
therefore surmises that the exclusion of trade unions in the disciplined
forces of Botswana is not reasonably justified in a democratic society,
thereby rendering section 24 of the Police Act, section 35 of the Prisons Act
and Regulation 75 of the Botswana Defense Force unconstitutional. / Thesis (LLM) North-West University, Mafikeng Campus, 2013
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/14295 |
| Date | January 2013 |
| Creators | Ramaotwana, Ramaotwana Nelson |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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