MADLANGA J employment for employees to become members of one of the three unions. The imposition of a condition of this nature was sanctioned by statute. 39 In terms of the statute, dismissal for failure to comply with the condition would be unfair if an employee genuinely objected, on grounds of religious belief, to being a member of any union whatsoever, or, on any reasonable grounds, to being a member of a particular union.40 The applicants did not join any of the three unions. As a result, they were dismissed. They contended that the statutorily sanctioned coercion to join specified unions infringed their right to freedom of association in contravention of Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention).41 This was because the right protected by Article 11 included the negative right not to be compelled to join an association or union. In response, the government of the United Kingdom argued that this right had been deliberately excluded from protection. In support, the government relied on a statement in the travaux préparatoires (preparatory works).42 The statement said “[o]n associations, employees of a certain class are in practice required to be or become members of a specified union. The employer is not under any legal obligation to consult or obtain the consent of individual employees directly before such an agreement or arrangement is put into effect. Closed shop agreements and arrangements vary considerably in both their form and their content; one distinction that is often drawn is that between the ‘pre-entry’ shop (the employee must join the union before engaged) and the ‘post-entry’ shop (he must join within a reasonable time after being engaged), the latter being more common.” 39 The relevant statute was the Trade Union and Labour Relations Act 1974. 40 Young above n 37 at para 21. 41 Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms (which is now titled European Convention on Human Rights, 4 November 1950) provides: “1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article (art. 11) shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.” 42 This refers to materials and documents used in crafting a document like a treaty. These may be used as a tool of interpretation. In Makwanyane above n 36 at para 17, this Court said “[t]he Multi-Party Negotiating Process 15