It's been more than a week since the strike at Transnet left ports and rail services across South Africa disrupted.
The effects of the recent strike action have proven to be dire to the economy and as a result, prompted discussions on whether South Africa’s labour laws are easily manipulated to benefit trade unions.
Many have raised concerns on whether the country’s labour laws are constitutionally sound and essential for the welfare of all employees.
Speaking on the matter, Labour Law specialist Osborne Molatudi expressed that these observations and concerns are unfortunate.
Molatudi says that one needs to look at what the constitution and the Labour Relations Act (LRA) says about the rights employees have to strike and the right to lock out action by employers.
The South African constitution recognises the right to strike as an important bargaining tool for trade unions and in terms of that provision, which is also endorsed in the LRA
He says that a trade union can call on its members to embark on a strike, subject to certain procedural requirements being complied with.
There are many processes and negotiations that take place before workers take industrial action.
“Firstly, the union must set out and submit a list of it’s demands to the employer. The employer then has to respond to the demands.” he explained.
Thereafter, the parties may request a facilitator (for example the CCMA) to facilitate the discussion and negotiations. In the event of a deadlock the facilitator will issue a certificate entitling the trade union to call on its members to go on a protective strike within a set period of time.
When strike action is carried out, there are certain rules and regulations that need to be adhered to by both, employers and employees. However, some strikes do tend to take a rather violent turn and, in the process, pose threats to life and property.
Molatudi says that there needs to be an element of seriousness or maturity when approaching wage negotiations, especially for the sake of preserving the economy as well as making sure that life and property is protected.
