The South African Trade and Allied Workers Union (Satawu) rejects an interim court order declaring a strike by security guards illegal, but will comply with it, the union said on Thursday.
”The Satawu national strike is therefore suspended with immediate effect and all striking members must return to work to ensure compliance with the court order,” spokesperson Randall Howard told reporters in Johannesburg on Thursday.
”We strongly believe that our strike is legal and protected given that we remain a non-party to the wage agreement signed on 1 April 2006 between 14 Mickey Mouse unions and the employer association.”
He said if a union does not accept an offer it has a right to continue fighting for its demands.
The court had no right to say Satawu was bound by the April 1 agreement because the union was not present when it was reached, Howard said.
”We have instructed our legal team to lodge an urgent appeal against the interdict and hope it will be heard over the [coming] weekend in order for us to continue with our legal and protected strike.”
He said he suspected that the 14 unions and the employers ”cooked” up a plan to sideline Satawu from the wage negotiations.
”When the negotiations reached a deadlock, the commissioner left and Satawu also left. The other unions and the employers called the commissioner back and resumed negotiations.”
Howard said Satawu believed that by March 24, a few day before the wage deal was reached, the other unions already had a draft agreement.
He criticised Labour Minister Membathisi Mdladlana’s assertion that the agreement between the other 14 unions and the employers was legitimate.
”He knows that no agreement in the private security industry can be declared credible without Satawu who represents double the members of the 14 sell-out unions collectively,” he said.
Howard said Satawu had requested an urgent meeting with Mdladlana.
A spokesperson for the Department of Labour, Mokgadi Pela, said Mdladlana had never said the April 1 agreement was legitimate.
”I have never heard the minister saying that, those people need to say where and when did he say that.”
He said the minister had received memorandums requesting him to intervene on the security strike.
”He [Mdladlana] has always said that it is for the CCMA [Commission for Conciliation, Mediation and Arbitration] to solve the matter. The minister encourages all parties involved to go back to back to the negotiations,” said Pela.
Wednesday’s protest in Johannesburg was marred by violence as marchers assaulted non-striking guards.
Police fired rubber bullets after the protesters threw stones at them. Howard said they tried by all means to keep the strike peaceful.
”We had marshals who were very disciplined. But in this industry you cannot hide a scab. If a person is undermining your struggle in your face what are you supposed to do.” – Sapa