Violent Strikes a Thing of the Past

By Claire Gaul and Ganeefa Dawood of Webber Wentzel Attorneys

It is arguably the case that violence and intimidation have become synonymous with strike action in South Africa. Legal action against trade unions which incite or participate in illegal conduct during strikes is perceived as ineffective in addressing the issue because interdicts and contempt orders are routinely ignored. On the other hand, our Constitution expressly recognises the fundamental right of workers to engage in protected strike action. This is regarded as a vital mechanism in the power-play dynamic between business and workers.

In an effort to balance the competing interests of workers to participate in lawful industrial action with those of business, and society generally (the right to a safe and productive working environment), an agreement on collective bargaining, facilitated by NEDLAC, was concluded earlier this year.