South Africa - Cape Town - 28 July 2022 - NUMSA general secretary Irvin Jim doing a political repoertat the CTICC where the 11th conference is taking place.photograph : Phando Jikelo/African News Agency (ANA)
The National Union of Metalworkers of SA (Numsa) is going against a court order and pursuing a strike against South African Steel Mills (SASM) in Meyerton, south of Johannesburg.
The initial strike comes against the background of a series of events that resulted in industrial action in April after the new management of SASM (now Alfeco Holdings) disagreed to implement the personal demands of a number of Numsa shop stewards.
The strike has turned violent and a woman, Lindiwe Nsibande, was beaten up and pulled by her breasts.
Last Thursday, Honourable Ntsoane AJ declared that the strike in which Numsa’s members are participating was not in compliance with Chapter IV of the Labour Relations Act.
The court also ruled that gathering at any of SASM’s entrances or blocking any entrances was illegal.
The court also declared that Numsa should not encourage or incite any of SASM’s employees to participate in the strike. The court cautioned against members intimidating or inducing any of SASM’s employees to not attend work, or conveying threats and committing acts of violence against SASM’s non-striking employees, and damaging any property.
The effect of the order is that the Labour Court has declared that the strike and picket outside SASM’s premises under Numsa’s banner is unlawful and that Numsa’s members must stop such strike action, picketing and other unlawful acts.
Labour specialist Dr Barney Shabangu has cautioned that Numsa was contributing a threat human life.
“The information that this is an illegal strike is in the public domain. There is a court against the strike. This is one of the points in history where unions sacrifice African workers. Being it an illegal and possibly violent strike, police will be forced to respond and people will be injured. Irvin Jim (Numsa general secretary) is aware of this fact. Only he knows why he is condoning this kind of behaviour.
“The minister of labour and minister of police should be alive to the dangers of this continued protest where women are badly abused. This is why companies are leaving the country and joblessness is soaring.
“The strike was declared illegal by a court. For Numsa to send young black men on the front lines of a potential battle with police is wrong and inhumane,” Shabangu said.
A rule nisi is an interim order granted by a court when the person against whom the order is made must, on a return court date, come to court to give evidence as to why a final order in that specific matter should not be made.
Despite Numsa’s attorneys having acknowledged that Numsa and its members are aware of the court order and its contents, they have simply ignored it. SASM has urgently requested that Numsa urge its members to comply with the court order and desist from unlawful conduct.
That is particularly so where SASM fears that the actions of Numsa members will lead to further harm to innocent employees and bystanders, such as was the case with Nsibande.
Numsa has condemned Alfeco Holdings. “Alfeco Holdings bought SA Steel Mills and the new management has been attacking workers’ constitutional right to strike. Our members picketed outside company offices and they were shot at with rubber bullets by private security. Four workers have been hospitalised for injuries,” union spokesperson Phakamile Hlubi-Majola alleged.
Alfeco Holdings did not respond to requests for comment.
The Star
siyabonga.sithole@inl.co.za
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