FMF to proceed with court challenge

The Free Market Foundation (FMF) announced on Monday it will proceed with its legal challenge to collective bargaining.   

 

"Over the six months since launching the challenge, the FMF granted generous extensions requested by respondents and Cosatu beyond the original deadline of 31 July 2013," the foundation said in a statement.

   

"The final deadline expired on 30 September 2013."   

 

The FMF, an independent, non-profit civic body, has launched a constitutional challenge in the High Court in Pretoria, to section 32 of the Labour Relations Act. This clause allows collective agreements on wages and employment conditions to be extended to employers not party to the negotiations.

   

The FMF believed this section was a significant factor in preventing job creation, especially among small and medium enterprises.

   

A total of 50 respondents were cited, including the ministers of  labour and justice and constitutional development, and the 48 bargaining councils in South Africa. The Congress of SA Trade Unions would join this group.

   

The FMF on Monday said Cosatu asked for a further extension to October 31. The request was declined.

   

The FMF would now ask the court to set a date for the hearing, it said.

   

Foundation chairman Herman Mashaba said: "We have done everything we could to allow everyone concerned ample time to consider and file responses.

   

"We have been fair and patient because we want to ensure that all legitimate views are presented to the court in this matter of great national urgency and importance. We must now proceed to court," he said.

   

-Sapa