Abstract

The Labour Appeal Court’s decision in Registrar of Labour Relations v Simunye Workers Forum raises fundamental questions about whether South African labour law accommodates organisational diversity for trade unions representing non-standard workers. The Registrar refused to register an organisation of precarious workers that adopted a nonhierarchical constitution featuring rotating leadership and participatory democracy, citing non-compliance with s 95 of the Labour Relations Act. While the Labour Court endorsed a purposive interpretation informed by constitutional values, the Labour Appeal Court insisted on traditional governance structures. This discussion argues that the Labour Appeal Court’s formalistic approach misapplies established interpretive principles, creates insurmountable barriers for vulnerable workers and conflicts with South Africa’s obligations under ILO Conventions 87 and 98. Legislative reform is proposed.