eThekwini wants Samwu officials jailed or fined and to pay R3m for illegal strike

The eThekwini municipality is expected to head to court on Friday to seek an order holding the South African Municipal Workers' Union (Samwu) in contempt of court.

The city wants the union to answer for failing to comply with an order granted in February which should have put an end to an unlawful strike which resulted in violence, service delivery disruptions and destruction of property.

Instead, the municipality said, the union, shop stewards and union members ignored the court interdict.

The municipality is seeking an order compelling the union and its leadership, either in affidavits or in person, to explain why they should not be held in contempt.

The city said if there is no proper explanation, the court must find them in contempt of court.

It is seeking an order that shop stewards and Siyabonga Dladla, Samwu chairperson in the region, be jailed for three months or fined R50,000 each and the union be fined R3m “or other alternative relief”.

The matter has been set down in the Durban labour court.

In an affidavit, Lindani Nxumalo, senior manager of legal services, said in spite of the interdict being granted at the end of February, the unlawful strike continued well into March.

Union members went to the civic centre in Pinetown where a senior employee was assaulted. 

They also went to the offices of the Early Morning Market, disrupting operations, intimidating employees and damaging the office.

Several municipal vehicles were damaged and water pump stations were vandalised, cutting water supply to residents.

Nxumalo said on March 8, union members held at gunpoint employees assisting with the preparations for a burial at Umlazi S Cemetery. They were assaulted and robbed. The supervisor collapsed as a result of the trauma and later died.

Nxumalo said one staff member had received an anonymous, threatening call, advising she must stop work or she would suffer the same fate as her brother, who had died.

“It is apparent there is a coordinated effort by members of the union to cripple the city’s infrastructure and service delivery,” he said, referring to four audio recordings in isiZulu from unidentified persons directing the targeting of trucks in Umlazi, the interruption of water services at dams, and other threats of violence and disruption of services.

He said the city had identified more than 200 employees involved in the strike action. Some had already been dismissed.

About 15 others, who took part in the attack at the Pinetown civic centre, had been criminally charged with assault and intimidation.

By Friday morning, Samwu had not yet filed opposing papers.

TimesLIVE