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FMF to allow Cosatu intervention

Bloemfontein - The Free Market Foundation (FMF) has resolved not to oppose a Cosatu application to intervene in its legal challenge of collective bargaining.

"We are keen to resolve this matter quickly in the interests of the country and of the seven million unemployed citizens in SA today, especially young people," FMF chairperson Herman Mashaba said on Wednesday.

He said the FMF would like a court date as soon as possible.

On legal advice it decided to allow the Congress of SA Trade Unions to approach the court unopposed.

The foundation, an independent, non-profit civic body, has launched a constitutional challenge in the North Gauteng High Court in Pretoria, to section 32 of the Labour Relations Act. This clause allows collective agreements on wages and employment conditions to be extended to employers not party to the negotiations.

The FMF was of the opinion this section was a significant factor in preventing job creation, especially among small and medium enterprises.

A total of 50 respondents were cited, including the ministers of labour and justice and constitutional development, and the 48 bargaining councils in South Africa. Cosatu would join this group now.

Mashaba said the legal challenge was serious and launched after significant thought and broad consultations.

He said the foundation would have preferred not to take the legal route, but all other avenues were being closed or delayed.

"We believe this is a just and right course of action," said Mashaba.

The deadline for answering papers to be filed at court was now August 31.

The foundation comprises national business and civil society bodies seeking solutions to South African problems.

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