Today after nearly three years the Free Market Foundation’s (FMF) legal challenge to s32 of the Labour Relations Act is due to start in the high Court, although Herman Mashaba is no longer involved but remains a staunch supporter, according to a statement released by him. The issue is whether the Minister should be required to apply her mind to the extension of bargaining council agreements. It seems the Minister supports the notion that if requested to extend an agreement by the bargaining parties, it should be done without any consideration. Clearly if the Minister does have to apply her mind to the extension then it could be reviewed in a court. Herman Mashaba has made himself available as the DA’s mayoral candidate for Johannesburg and no longer believes that he should be involved with the case. The FMF is a politically neutral NGO and, as such, cannot be associated with any political party. Herman Mashaba states that he is proud to have initiated and underwritten and led the labour law challenge through the last three difficult years of “delays, intimidation, demonstrations, and threats that blood will run in the streets if the court rules in favour of the FMF and the unemployed”.
