Abstract
Contract agreements, treaties and alliances have nowadays become part and parcel of settling issues and reaching consensus between nations, political parties and organizations. Alliances formed between trade unions, trade union federations and ruling political parties have become a cause for concern in both Zimbabwe and South Africa. The labour statutes in both countries do not prohibit these alliances. In Zimbabwe, it is not specifically mentioned that there should be absolute autonomy between trade unions and ruling political parties although South African and international labour laws explicitly do so. An analysis made on these alliances show that the labour laws have challenges and loopholes in governing them. There are several instances where clashes and conflicts arising from the alliances are evident. The purpose of this study is to identify the challenges and pitfalls that arise as a result of the alliances and relationships that trade unions or their representatives and ruling political parties in particular get into. It also aims to discover how the labour laws in both South Africa and Zimbabwe are not adequately protecting workers. This study also analyses specific incidences where these alliances affected the trade union federations’ position in collective bargaining and implementation of policies that affected employees. The goal of this study is to show that although there be some good in these alliances, it would not be justifiable to turn a blind eye on their effects and never to discover their loopholes. The results of the effects of the alliances can be used to rectify the labour laws in both countries and ensure that they are able to govern and cover all the gaps that arise with regards to the alliances. The approach followed in this research was to review and analyse literature on the alliances and relationships formed by trade unions or their representatives and the ruling political parties in South Africa and Zimbabwe. Data was collected from secondary sources which include judicial reports, Acts, Conventions, journal articles and books. The analysis confirmed the existence and occurrence of conflicts of interests, loopholes in national and international labour laws and evidence of influence on trade unions from ruling political parties. At the end recommendations are proposed to alleviate these challenges. The recommendations include that there be amendments in the labour statutes inserting provisions which regulate the alliances. As for Zimbabwe, complete separation from the ruling political party is what trade unions should fight for. In addition, the study suggests that if trade union mandates intertwine with the ruling political parties’ agendas, an independent body that governs and monitors the alliances should be set up.
LL.M. (Labour Law)