The Right to Strike in Zimbabwe in the Context of the 2013 Constitutional and International Law

Abstract

The right to strike is of cardinal importance in any labour law regime based on social justice and democracy in the workplace. It lies at the heart of the freedom of association, the right to organise and collective bargaining.2The right has received acclaim under international law. For the first time in Zimbabwe, and following on recent international constitutional jurisprudence, the right to strike has become enshrined in the Constitution of Zimbabwe.3 However, historically the right to strike has often been watered down and rendered impotent by an interplay of factors and restrictions.4 The purpose of this essay is to provide an update on the extent to which Zimbabwean law is in sync with the letter and spirit of the right to strike as provided under international law and in particular in view of the newconstitutional provisions.