Freedom of association for private sector employees in Zimbabwe : a comparative analysis

Abstract

The right to freedom of association is very crucial in labour law since all the other employees’ rights rest on it. The thesis focusses on the right of private sector employees to freedom of association in Zimbabwe. It further takes a comparative analysis with South African law in order to identify the weaknesses and gaps in the Zimbabwean law with a view to proffering recommendations for the improvement of the right to freedom of association for private sector employees in Zimbabwe. The thesis traces the development of the right to freedom of association from the pre-colonial to the post-colonial period. It highlights the fact that politics and socio-economic conditions of any given period have shaped labour law together with the right of employees to freedom of association. The introduction of the Zimbabwean Constitution in 2013 brought significant changes to the employees’ right to freedom of association as it elevated the rights to organise, to bargain collectively and to strike into the Declaration of Rights under section 65. The impact of the constitutionalisation of these components of the right to freedom of association is evaluated in the thesis. It also assesses the impact of international human rights law and labour law on the development of the right of private sector employees to freedom of association in Zimbabwe. The provisions of the Labour Act on the right of employees to freedom of association in Zimbabwe are also discussed. The thesis takes a comparative analysis with the provisions of the Labour Relations Act in South Africa. It then concludes by making recommendations on how the gaps and weaknesses in the Zimbabwean law on the right of private sector employees to freedom of association can be addressed. The thesis reflects the law as at 10 January 2022.