The draft picketing rules were issued for public comment on 10 September 2018. They are in terms of regulations issued in terms of section 200 of the Labour Relations Act 66 of 1995.

They are a big step forward because these regulations compel parties to either negotiate picketing rules or the picketing rules as per the regulations will be implemented. It is also a big step forward regarding what picketers may or may not do.

Noticeably picketers may not:

  • forcibly prevent clients, customers, members of the public or other employees who are not on strike, as well as replacement workers from entering or leaving premises.
  • commit any action which may be unlawful, such as intimidating, coercing or assaulting any person or cause damage to their property.
  • wear masks or have any dangerous weapons or flammable materials in their possession.

This together with the control of pickets which is subscribed to in these regulations will go a long way to having orderly collective bargaining, strikes and lockouts in South Africa.

If you have any questions related to this article or other labour law matters, please contact your regional GBS office.