Celebrating 30 years of SA’s constitution: Progress and challenges for workers

THIS year 2026 marks the 30th anniversary of South Africa's Constitution. It is a moment to be proud of, to remember the decades of struggles and countless sacrifices of millions, and to appreciate how far we still have to go.

- ZINGISWA LOSI

Workers and the labour movement played a leading role in the liberation struggle and the drafting of the Constitution, from the 1973 Durban workers’ strike reviving the trade union movement to the 1987 mineworkers’ strike bringing the economy to a standstill and helping force the apartheid regime to the negotiations table.

Whilst the nation celebrates our Constitution, we must not forget its emphasis on socioeconomic and workers’ rights. The Constitution speaks not only to democracy and transformation in society, but also in the workplace.

Workers have made massive strides since the dark days of apartheid, but too many workers still see their most fundamental rights violated at work.

One ofthe major challenges inhibiting the full realisation of workers’ constitutional rights are our dire socioeconomic challenges, from 41.1% unemployment to entrenched poverty and inequality.

These are made worse by the economic crises in many states across the region sparking a flood of migration to South Africa. This desperation is exploited by unscrupulous employers knowing such workers will not demand their labour rights out of fear of dismissal.

Today workers’ rights to form trade unions to defend their rights and to collective bargaining are enshrined in the Constitution and the Labour Relations Act.

These play a key role in resolving workers’ grievances and empowering workers to improve their working conditions.

Both are key to boosting economic productivity. The CCMA and Labour Courts have been established to enforce workers’ protections.

Yet many workers are dismissed if they join a trade union. As the nature of work evolves, so too must labour laws and hence temporary work is now limited to three months after which workers are considered permanent.