The Congress of South African Trade Unions will strongly oppose the SA Local Government Association's request to parliament for amendments to section 68 (1) of theLabour Relations Act to give municipalities the power to sue unions when striking workers loot and damage property.
COSATU and its affiliates are fully committed to holding lawful, peaceful and orderly marches, in which all those involved obey the law and refrain from any violence, theft or damage to property. Every effort is made to get this message across to all participants. Marshalls are appointed to ensure that these principles are enforced and take action against those who refuse to comply. If union members are proved to have been the offenders they are disciplined by their union.
The vast majority of union activities are peaceful and disciplined and there is no law-breaking. Trade unions, however, are not a police force. They cannot be held responsible for the illegal actions of people on, or in the vicinity of, their marches who flout union instructions and commit criminal acts.
To make unions liable for the financial consequences of any such actions could bankrupt them and make it impossible to mobilise their members in lawful and constitutionally protected action in support of legitimate demands.
"We will oppose it legally," says COSATU president Sdumo Dlamini said. "We will mobilise against it; it's out of order. We know trashing of streets happens, but we do put measures in place to prevent it. The amendment is tantamount to union-bashing. There is a danger that people who are not workers join strikes simply to create trouble. Maybe they are planted to do just that. We all should take responsibility to ensure things go well."
COSATU will equally strongly oppose the Democratic Alliance's private member's bill to force unions to take steps to prevent their members from engaging in violence; to empower courts to stop a strike that has become excessively violent by forcing the parties into arbitration, and to award punitive damages against unions whose members have committed violence, injured innocent parties or damaged property in the course of industrial action.
Both the proposed acts are discriminatory, in that they refer only to union activities. Criminal acts also occur during political rallies, community protests, sporting events and musical concerts, etc. yet these proposed laws would not make their organisers liable for damage caused by criminal elements during such events. These laws would only apply to trade union activities.
They are clearly aimed at bashing unions, weakening workers' power and eroding union members' democratic and constitutional right to strike and demonstrate.
Statement issued by Patrick Craven, COSATU national spokesperson, November 3 2011
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