LETTER: Violence during strike is unlawful
People are getting hurt, some even losing their lives, simply because they choose to exercise their constitutional right not to associate with strike action
Strike action is provided for constitutionally and enabled by the Labour Relations Act. Employees have a right to withhold their labour and as a response employers have a right to lock out striking employees. The principle of no work, no pay generally applies.
What the constitution and Labour Relations Act did not envisage is the violence that characterises almost all strike action now. Saying employees have a right not to participate in a strike has proven not to be a deterrent to violence. The violence during the Nehawu strike action is nothing new. People are getting hurt, some even losing their lives, simply because they choose to exercise their constitutional right not to associate with strike action.
Why is this unlawful and barbaric violence allowed to continue almost unabated? The answer lies with the tripartite alliance between the ANC, union federation Cosatu and the SACP. As the governing party the ANC feels indebted to Cosatu for the role it played in the struggle for freedom, and because it is used to capture the workers to vote for the ANC. The ruling party and ultimately government cannot afford to act harshly against employees during a strike action that is marred by violence for this reason.
Our courts are also not assisting. The rulings they make when employers sue trade unions for damages caused by violence are too lenient to serve as a deterrent. The courts argue that adverse rulings may compromise collective bargaining. The fact that people who are supposed to enforce the law are often part of Cosatu through police union Popcru worsens the situation.
Employers and members of the public either individually or collectively should pursue civil action against any trade union whose strikes descend into violence. The defence by trade unions that criminal elements are responsible and not their members is lame. Even if it is correct, they should be held vicariously liable.
Violence in any form should never be condoned. Left unattended it will spill into our daily lives. It is no surprise that SA is viewed as one of the world’s most violent countries.
Dr Thulane Ngele
Fellow, Archbishop Tutu African Leadership Institute
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