Strike by Nehawu continues, despite order interdicting essential workers

After the judgment by the Labour Appeal Court on Monday which interdicted the National Education, Health and Allied Workers' Union (Nehawu) strike in essential service sectors, the union says its strike in other areas in the public service not covered by the court order will continue. 

On Sunday, the union warned the strike over a dispute about the employer’s unilateral implementation of a 3% wage increase  would be intensified from Monday.  

The ruling on Monday concerned an appeal by the union against a labour court order on March 6 which granted the employer powers to implement an order made on March 4, interdicting the strike in the public service. 

The appeal court ruled that pending the application for leave to appeal against the March 4 order, Nehawu, its members and employees employed in an essential service were restrained and prevented from continuing with or participating in the strike.   

The order also interdicted the strike by Nehawu and its members employed at the South African Social Security Agency, the Special Investigating Unit and the South African National Biodiversity Institute with immediate effect. 

The order meant the strike in hospitals, which have been the scene of intimidation of non-striking workers, was likely to come to an end. 

After the judgment, Nehawu said the strike had not been called off but its members classified as essential service workers would not participate. 

The Essential Service Committee has designated a large number of services as essential services. These include services required for functioning at courts, correctional services and firefighting.

The committee has also designated medical and paramedical services and services which support these, including catering, security, porter and reception, as essential services. 

In its judgment, the court said the shocking reports of widespread strike misconduct and intimidation, which appeared to characterise the strike, were not disputed by Nehawu.

“Such conduct is not only illegal, but wholly unjustified and unwarranted. By doing so, Nehawu and its members display a total disrespect for the law.” 

It said the inaction by police in the face of criminal behaviour was extraordinary.

The court said it had become commonplace for police to walk away from scenes of criminal behaviour in a strike context, calling it a private or civil matter.

“Criminal conduct is neither private nor a civil matter. The SAPS are obliged to maintain law and order. It is their duty to act to enforce the law and not to await a court to order them do so,” the court said.

Nehawu spokesperson Lwazi Nkolonzi said the union was consulting its members and had asked them to act within the framework of the court order. 

“The rest of the workers in the public service are not interdicted. The strike continues.” 

The Police and Prisons Civil Rights Union has also shown its support of the Nehawu strike as its members embarked on lunchtime pickets outside selected government premises. 

Spokesperson Richard Mamabolo said the pickets started last week. Members would picket outside the gates of a correctional centre, police station or traffic police centre during the workers’ lunch break.

“We are part of and support actions taken by public service unions who are mobilising against the employer in defence of collective bargaining,” Mamabolo said. 

Meanwhile, the health department said the court ruling will bring some form of stability to health facilities. 

“This is a victory for the innocent and vulnerable patients who have suffered the consequences of the disruptive and violent strike action. We believe Nehawu will implement the judgment and inform its members to return to work as soon as possible,” said department spokesperson Foster Mohale. 

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