Thousands of workers in essential services, organised by Cosatu, insisted this week that they intend joining other public service workers in their planned wage strike, which starts on May 28.
For the first time since 1994, unions organising workers in services such as the South African Police Service, prisons and traffic control, as well as nurses and doctors, were due to declare a dispute some time next week.
This week the government’s chief negotiator in the public service bargaining chamber, Kenny Govender, warned that the government would ‘take drastic action†against essential workers who withdrew their labour.
‘If workers in essential services participate in the strike action, that will be treated as illegal. The law is very clear that no [essential service] worker can engage in a strike action. ‘That’s the legal framework that all of us have accepted,†said Govender, adding that there were alternative channels through which essential workers could vent their grievances.
But the unions contend that the strike ban violates the right to strike under the Constitution. Fikile Majola, general secretary of Cosatu’s health sector union Nehawu, told the Mail & Guardian labour was considering a Constitutional Court challenge to the strike ban.
In terms of Labour Relations Act (LRA), public servants in essential services are not allowed to engage in any form of industrial action.
The LRA provides for minimum service agreements, in terms of which essential workers can take action as long as a basic service is maintained. However, no such agreement is in place, and labour has accused the government of delaying the necessary negotiations.
‘The current legislation does not say who in the essential services can or cannot engage in a strike action,†said Majola. ‘The right of workers to strike is enshrined in the Constitution. No law can supersede the supreme law of the country.â€
Meanwhile, all Cosatu’s public service affiliates service were due to serve notice to strike on the government late on Thursday. The industrial action could see up to 600 000 union members stay home in protest against the public service department’s offer of a 6% pay rise. The unions are demanding a 12% increase, plus increases in housing and medical aid allowances.
The planned nationwide strike, to which no term has been set, will be preceded by a night vigil at Parliament on May 20 and 21 and marches and rallies in every province on May 25.
Non-Cosatu affiliates will join the strike on June 4.