010211 Cosatu President Sdumo Dlamini briefed the media in Cosatu house last year.photo by Simphiwe Mbokazi 453 010211 Cosatu President Sdumo Dlamini briefed the media in Cosatu house last year.photo by Simphiwe Mbokazi 453
Wiseman Khuzwayo
Cosatu will strongly oppose attempts in Parliament to amend the Labour Relations Act (LRA) to give municipalities the power to sue unions when striking workers loot and damage property.
The labour federation says that the amendments are clearly aimed at bashing unions, weakening workers’ power and eroding union members’ democratic and constitutional right to strike.
In a presentation in Parliament to the select committee on labour and public enterprises last week, the SA Local Government Association (Salga) sought an amendment to the LRA. It said the right to strike should be balanced with the protection of municipal, government and private property; the rights of ordinary people, including hawkers, members of the public and non-striking workers; and health and environmental issues arising during strikes.
There is a private members’ bill sponsored by Ian Ollis, a DA MP, which seeks to achieve the same outcome. It was submitted to Parliament in October last year.
On Friday, Ollis said the bill was being processed through the necessary parliamentary channels. It has been referred to a joint sitting of the committee on private members’ legislative proposals and special petitions and the labour portfolio committee, which will take place in the near future.
He said he would be writing to Salga’s chief executive, Xolile George, to request a meeting for the DA and Salga to discuss their shared commitment on the issue, and find ways to work together to ensure the necessary amendments were made to the LRA.
Ollis said: “The DA fully recognises the right of workers to strike. However, it is essential that steps are taken to address the intimidation of non-striking workers, looting and violence that all too often accompanies pickets and marches.”
In August, there was violent and destructive action in Cape Town during a strike by the SA Municipal Workers Union.
Cosatu national spokesman Patrick Craven said: “Both the proposed acts are discriminatory, in that they refer only to union activities.
“Criminal acts also occur during political rallies, community protests, sporting events, musical events and so on, yet these proposed laws would not make their organisers liable for damage caused by criminal elements during such events. These laws would only apply to trade union activities.”
Cosatu said that to make unions liable for the financial consequences of any such actions could bankrupt them.
Cosatu president Sdumo Dlamini said: “We will oppose it legally. We will mobilise against it; it’s out of order. We know thrashing of streets happens, but we do put measures in place to prevent it.
“The amendment is tantamount to union bashing. There is a danger that people who are not workers join strikes simply to create trouble.”
In September, the Supreme Court of Appeal ruled that unions can be held liable for damage caused by members during violent strikes.
