DA to introduce Private Member's Bill on strike violence

7 July 2014

At the soonest available opportunity, the DA will submit a Private Member's Bill that will seek to prevent strike-related violence before it occurs.

This follows the arrest of 26 Numsa members this past weekend due to acts of intimidation, public violence and malicious damage to property in the Gauteng province. 

Last week, approximately 220,000 Numsa members downed tools, demanding a double-digit wage increase from employers. 

The DA respects workers' constitutionally guaranteed right to engage in lawful protest action, however, a balance must be struck between workers' rights and the rule of law. 

However, the wanton destruction of private property, intimidation of business owners, fellow workers and members of the public must be condemned in the strongest possible terms. 

In the case of South African Transport and Allied Workers Union and Another v Garvas and Others, the Constitutional Court found that trade unions may be held responsible for damages when strikes result in violence, vandalism and looting. 

Unions are thus obliged, at all times, to take reasonable steps to prevent all conduct that could potentially cause foreseeable damage to property, result in injury or loss of life. 

Members of the public and business owners should thus exercise their rights and hold unions accountable for damage to property resulting from strike action. 

In Parliament, through the introduction of our Private Members' Bill, the DA would also seek to create legislation that - 

Requires unions to comply with a list of practical measures aimed at limiting or preventing violence before it occurs, including: 

Education of workers regarding violence and the law before these workers go out on strike; and

Requiring unions to provide marshals for crowd control purposes and to prevent criminals infiltrating union ranks. 

Makes more riot and crowd control training available to members of the South African Police Services; 

Courts be empowered to stop a strike that has become excessively violent by forcing the parties into arbitration;

Courts be empowered to declare a strike that has become excessively violent as unprotected; and

Courts be empowered to award damages against unions that have not implemented measures required in point 1 and 2. 

The DA believes these measures will provide further needed regulations to prevent violent strike action. 

Violent strike action not only immediately threatens public wellbeing and property, but it also threatens confidence in South Africa's economy. 

The DA will continue to push for this legislation that upholds workers' rights and ensures the safety of all South Africans.

Statement issued by Ian Ollis MP, DA Shadow Minister of Labour, July 7 2014

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