Labour Minister, Membathisi Mdladlana says the right to strike is a right that is enshrined in the Constitution of the Republic of South Africa and should not be confused with criminal activities that arise in the midst of a strike. The minister was responding to a written parliamentary question on whether his department has any mechanisms in place to prevent protracted and violent workers’ strikes affecting the country’s economy.
Mdladlana said the Labour Relations Act gives effect to the spirit and the letter of the Constitution by regulating the right to strike for South African Labour Market. The Act provides Employees with a right to strike and employers also have the right to lock out. For the strike or lockout to be protected, it must comply with the requirements of the Labour Relations Act. “The Labour Relations Act does not protect criminal activities perpetrated under the disguise of industrial action”, Minister Mdladlana said.
He, however, said the Bill of Rights in the constitution states that although everyone has a right to assemble; demonstrate; and picket, it must be peaceful and unarmed. Everyone has right to life and to be free from all forms of violence from either public or private sources. As a country, we already have a number of mechanisms that can be used in a strike or lock out situation without interfering with these rights.
For example:
- Any person has the right to approach the Courts to interdict a strike or lockout that does not comply with the legislative requirements
- In instances where a strike takes a form of malicious damage to property, assault on non-striking employees and public violence, that is a criminal activity and the South Africa Police Service (SAPS) has a constitutional duty to uphold the law and to protect property and lives. We all agree that the acts of violence and intimidation during strike actions are not acceptable, Mdladlana said
- He added that Section 150 of the Labour Relations Act, allows the Commission for Conciliation, Mediation and Arbitration (CCMA) to intervene in disputes that are of public interest. The intention is to find resolution speedily and to further minimise any damages that could be caused by such industrial actions and there are many examples that can be cited in this regard. For example, during the construction of the stadiums for the world cup, the CCMA intervened in the construction sector strike that effected the construction of the stadiums. Due to the intervention of the CCMA, a speedy resolution was indeed found.
Enquries:
Mzobanzi Jikazana (Ministerial Spokesperson)
Cell: 083 641 2355
Source: Department of Labour
