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Neil Coetzer, partner at Cowan-Harper-Madikizela Attorneys and research fellow at the University of the Free State, writes that the recent strike at Sibanye once again highlighted the sorry state of SA’s industrial relations.
The strike lasted about five months and was marred by more than 100 acts of violence, some of them grievous in nature. It was reported that 10 people died and almost 100 homes and vehicles were torched. Coetzer notes that the law reports are replete with similar stories of strikes involving violence. While the Labour Court has indicated its willingness to declare a strike unprotected when violence occurs, this would only be the case when it has reached egregious levels. This suggests some violence should not only be expected during a strike, but that it should be accepted as the norm. Meantime, the Constitutional Court has curiously never made any definitive pronouncements on strike violence, while the Labour Relations Act (LRA), now about 24 years old, is woefully inadequate in dealing with strike violence. Coetzer proposes a number of measures to be implemented to deal with strike violence. One of them could provide for the immediate suspension of the right to strike in circumstances where even a single incident of violence occurs. Another proposal would be the introduction of hefty fines for unions (and their officials) in circumstances where strikes descend into violence. Furthermore, the rule established by the courts that a union should not be required to pay the legal costs of an employer because of the so-called “ongoing relationship” between the union and an employer, needs to be revisited. Coetzer argues that holding people or institutions accountable for their actions, including unions and their members, is not “union bashing”. He says that it is time to leave behind the ideology and romantic ideas that underpinned the strike provisions of the LRA and deal decisively with violent strikes and those who engage in them.
- Read Neil Coetzer’s full article at BusinessLive
Get other news reports at the SA Labour News home page