ANCYL Statement on Bargaining Councils Court Judgement

The ANCYL welcomes the North Gauteng High Court Judgement on Free Market Foundation vs The Minister of Labour and Others, where the FMF was trying to reverse the gains of the workers by asking the court to rule Bargaining Councils unconstitutional.

The court has correctly ruled that, “the contention of the FMF that the legislative scheme for the extension of bargaining council collective agreements is unconstitutional because of the absence of adequate state and judicial control is wholly wrong.”

The FMF wanted to take away the only viable recourse for workers, which is the bargaining councils, where they bargain as a collective. In their world, each worker should negotiate their own terms, which would tilt the scales in favour of the employers leaving the worker vulnerable with no bargaining power. Their ultimate goal is to have workers competing against each other and divided, so they can be easily exploited.

It is not surprising that the founding affidavit of this failed anti-worker application was deposed to by the FMF chairperson, Mr Herman Mashaba, who has now been presented as the DA Mayoral candidate for the City of Johannesburg. Mashaba, in the FMF and in the DA, seeks to retain the racial privilege of the white minority but also deepen racial inequality through reversing any gains the workers may have scored in the democratic dispensation. The people of Johannesburg will not be fooled by the fronting of such a campaign by a formerly black face.

The North Gauteng High Court judgement further represents a defeat of courtists, who consistently abuse courts for their anti-majoritarian attempts to usurp the authority of a legitimately and democratically elected government.

The ANCYL will continue to stand with the workers in defence of their incremental gains since the dawn of democracy and will fight side-by-side with the workers for the minimum wage and other ongoing worker struggles.


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