eThekwini Municipality obtains court interdict against striking workers

The eThekwini Municipality has obtained an urgent Labour Court interdict against striking employees, including the South African Municipal Workers’ Union (SAMWU) members, who are taking part in the ongoing illegal and unprotected industrial action.

The interdict prohibits any unlawful conduct, acts of violence and interference with the city’s activities, services and operations.

In a joint media briefing held on Monday to update the public on the ongoing strike, which started on 27 February 2024, KwaZulu-Natal Premier Nomusa Dube-Ncube issued a firm warning that lawlessness will not be allowed to prevail.

Dube-Ncube noted that while one of the rights in the Constitution provides that everyone has the right to fair labour practice; right to form and join a trade union and to participate in the activities and programmes of a trade union and the right to strike, the Constitution is also clear on the limitations of rights. 

“It does not give the right to infringe on the rights of other citizens or the right to destruction of infrastructure and property just because one is exercising their other right. That must be clear,” Dube-Ncube said.

Dube-Ncube said the violent nature of the strike has resulted in essential municipal services being severely impacted, as some employees are fearing for their lives after seeing their colleagues being attacked and infrastructure being vandalised.

She said the strike action came at a time when the municipality was making progress in repairing the infrastructure that was damaged by the consecutive severe disasters over the past five years, including COVID-19, July 2021 civil unrest, 2022 and 2023 floods.

Noting some of the damage caused by the strike, the Premier said there has been continued intimidation and attacks on non-striking employees, resulting in the city’s failure to respond to faults and restore basic services, including water, refuse collection and electricity in the entire city.

“Access to primary healthcare services has also been hampered by the intimidation of health workers in various municipal-run health facilities, putting the lives of ordinary citizens in danger. In the case where the public cannot access the city’s health facilities, we are redirecting them to the provincial clinics.

“We have observed with great concern the attacks of city employees at service delivery sites. Some have been shot while attending to service delivery complaints and a number of water and sanitation, electricity infrastructure, including vehicles, have been damaged or completely destroyed,” Dube-Ncube said.

The Premier condemned the cruel actions inflicted by strikers on patients and ordinary citizens, which has seen blockages of access to State buildings, including several clinics, potentially endangering the lives of innocent patients.

Dube-Ncube warned that the provincial government will no longer tolerate the atmosphere of fear, trespassing on premises and forceful removal of staff from their work posts, denial of patients’ rights to gain access to healthcare facilities, including vandalism of critical infrastructure such as water and electricity.

“Communities who have been without water and electricity for several days are bearing the brunt of this unlawful strike action. Scenes witnessed over the past few days are pure criminality, economic sabotage and tantamount to treason.

“Government is extremely concerned and upset about the violence accompanied by intimidation and extensive damage to property caused in the name of striking workers. The municipality is currently conducting an assessment on the impact and financial implications of the strike,” Dube-Ncube said. – SAnews.gov.za