Sowetan reports that the Democratic Municipal and Allied Workers’ Union (Demawusa) has become the first labour organisation to have its registration cancelled for going on strike after failing to comply with the controversial new law that a secret ballot must be conducted.
The union organised a Metrobus strike in Johannesburg in October and did not provide proof to the registrar of labour unions that members had voted for the strike. According to the new legislation, every trade union must hold a secret ballot canvassing its members before a strike. Failure to comply with the legislation could lead to punitive measures such as deregistration, cancellation of registration and placing the guilty party into administration. The registrar recently notified the union as follows: “The registration of the trade union is cancelled due to the following reasons: the trade union failed to comply with sections 99 and 100 of the Labour Relations Act; and the union failed to comply with guidelines for balloting regarding members having a secret ballot before embarking on a strike action.” Demawusa president Sello Selepe accused the registrar of being harsh and unfair, saying they would challenge the matter at the labour court. He said the union received a letter from the registrar in October stating that Demawusa had 60 days to prove that the bus strike in Johannesburg was legal and that a secret ballot vote had been held among members to approve the bus strike. He explained: “On December 4, we went to the registrar, who was also demanding that we should submit audited financial statements in addition to the ballot boxes. We told the registrar … we were in the process to audit our latest financial statement. We then requested an extension of the deadline to April.” Selepe said the deregistration came as a shock because there were other unions which have been involved in wildcat strikes but their registrations have not been cancelled.
- Read the full original of the report in the above regard by Mpho Sibanyoni on page 11 of Sowetan of 7 February 2020
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