Since the 1999 judgment of the Constitution Court in SANDU v Minister of Defence, the legislative framework constructed for collective bargaining in South Africa had taken force.

The court did not find it necessary, accordingly, to determine whether section 23(5) of the Constitution confers a justiciable duty to bargain collectively on employers and trade unions.

It also found that the regulations do not permit the SANDF to implement unilaterally a transformation policy which is the subject of a dispute at the MBC, and which has been referred to the Military Arbitration Board.

In the same vein, the SANDF has a legitimate interest in preserving the appearance of the political neutrality of the military by prohibiting association with other trade unions.

Finally, to the extent that the good order and discipline of the military was not jeopardised, the SANDF could not forbid non-uniformed soldiers from assembling to petition or picket as private citizens.