The South African Transport and Allied Workers Union (Satawu) is to challenge the R500Â 000 fine slapped on it by the Labour Court for its failure to control violence during last year’s security strike.
Johannesburg Labour Court Judge Ratha Mokgoatlheng last week found the union in contempt of court for failing to stop its members from harassing non-striking and replacement guards in violation of an interdict obtained by employers. The fine was suspended for five years.
More than 50 non-striking security guards, were killed during the strike by Satawu members. Satawu’s legal representative, Robert Mokgalabone, said the union was preparing an appeal.
‘We view the judgement in a very serious light; it sets a bad precedent, not just for Satawu, but the whole labour movement. Effectively it means Satawu cannot engage in any industrial action for five years. This is bad for industrial relations,†said Mokgalabone.
In the Labour Court, Satawu argued that it was not in a position to end the violence or ensure compliance with the order, granted in March last year. Judge Mokgoatlheng rejected this, saying the union ‘has not proffered any explanation whether they have taken all reasonable steps to ensure that the orders are complied with, except the bald unsubstantiated allegation that they were not in a position to bring an end to the violenceâ€.
Mokgalabone argued that the judge exceeded his powers by finding the union ‘guilty in a punitive manner, while the Labour Court is not a criminal courtâ€.
‘If anybody is guilty of a criminal offence, due process should be invoked. Also, he gave a final order while the employers only asked for an interim ruling.â€