The extension of collective agreements to minority union members based on the principle of majoritarianism does not unreasonably limit the constitutional right to strike.

In Association of Mineworkers and Construction Union and others v Chamber of Mines of South Africa and others [2017] 7 BLLR 641 (CC).  The Chamber of Mines on behalf of various gold mining companies concluded a collective wage agreement with major trade unions (NUM, Solidarity and UASA) who together represented a majority of workers in the gold mining sector. The Association of Mineworkers and Construction Union (AMCU) refused to sign the agreement and gave notice that it would strike for higher wages than that agreed to in the collective wage agreement.