Abstract
LL.M. (Labour Law)
In this minor dissertation the author argues that the Constitution will fail to uphold its own
fundamental values if the rights and obligations which it enforces remains stale and outdated.
A supreme body of law needs to be one which is breathing and alive, and which may adapt to
fundamental changes in society. In turn, it is will be suggested that, if the Constitution
remains ineffectual, labour law (which seeks to uphold its values and vision) will in turn
become ineffectual.
The minor dissertation will therefore consider the following pertinent question: Will the
inability of the judiciary to interpret labour law in a manner that furthers the fundamental
values in the Constitution result in such legislation becoming ineffective?
It will be submitted that in order to promote economic and labour development one must be
mindful of the social fluctuations present in light of a constitutionally supreme state. It is also
stated that, in order to avoid a deadlock of complicated and outdated labour legislation which
becomes inflexible, the Legislature must allow the Judiciary to develop such law to the extent
that is necessary for its continued existence insofar as it complies with the Constitution.
Without a strong and adhesive method in developing labour practice, social, economic and
technological advancements will fail. Labour legislation must therefore be adaptive and
flexible. The judiciary must therefore be adaptive and flexible in their own application of
such law. In turn the Constitution is theoretically adaptive too, and its premise is achieved
through the promotion of effective labour legislation, specifically.