PoliticsPREMIUM

Samwu criticises employer response to strike action, vows to build legal capacity

Call for accountability in escalating labour rights violations

Samwu-affiliated municipal workers block the corner of Mitchell and Cuyler street with burning tyres. Workers were protesting after rampant vandalism and break-ins at the municipal depot left them without electricity, taps or toilets. Picture Werner Hills (Werner Hills)

The South African Municipal Workers’ Union (Samwu) has criticised how municipalities respond to worker protests, which it says is often marred with sabotage, harassment and brutality.

The union believes that the growing criminalisation of worker protest action is a cause for concern and undermines their members’ right to organise for collective bargaining.

Samwu’s general secretary Dumisane Magagula made these remarks on Wednesday in his secretariat report at Samwu’s 13th national congress in Mpumalanga.

He delivered a scathing report of the increasingly hostile environment that unions are subjected to, saying that their members are bearing the brunt of it all.

“Across municipalities, workers and shop stewards continue to face suspensions, disciplinary harassment, selective reinstatements and dismissals aimed at weakening union organisation and silencing dissent.”

Magagula diagnosed this as a widespread phenomenon, citing an example of workers dismissed in Tshwane for demanding long-due salary increases — a phenomenon which he says is procedurally flawed, politically motivated and designed to intimidate workers into submission.

“They represent a direct assault on collective bargaining and an attempt to suppress lawful worker mobilisation through fear rather than negotiation.”

In the City of Johannesburg, during strike action demanding the implementation of the politically facilitated agreement, police responded with excessive and unlawful force. One employee lost her eyesight as a direct result of police action.

—  Dumisane Magagula, Samwu general secretary

Of more concern to the union is the role played by state security agencies, who have been accused of an increasingly violent response — even when reportedly dealing with a legitimate and constitutionally protected protest.

“In the City of Johannesburg, during strike action demanding the implementation of the politically facilitated agreement, police responded with excessive and unlawful force. One employee lost her eyesight as a direct result of police action.

“Similarly, in Steve Tshwete Local Municipality, police responded brutally to a worker protest, resulting in the death of one employee and the permanent disability of another.”

Magagula urged the congress to condemn this brutality in the strongest possible terms.

“No democratic society can justify blinding a worker for demanding the implementation of a signed agreement, and no labour dispute warrants the use of such disproportionate violence.”

He rejected that these could be isolated incidents, claiming they form part of a dangerous pattern in which workers exercising constitutionally protected rights are treated as criminals rather than citizens.

“The killing and maiming of workers represent a profound violation of human dignity and expose a deepening crisis in labour relations in local government.

“Taken together, the dismissals in Tshwane, the blinding of a worker in Johannesburg, and the killing of a worker in Steve Tshwete reflect a disturbing escalation in the repression of organised labour.”

Magagula told delegates the current state of affairs signalled a shrinking democratic space in which collective bargaining was being increasingly replaced by coercion, intimidation and force.

“These actions undermine constitutional rights to strike, organise and protest, and represent a betrayal of the values of social dialogue and negotiated resolution of disputes.”

He called on the plenary to reject this trajectory with absolute clarity.

“We must condemn the use of dismissals, suspensions, police brutality and intimidation as tools of labour relations. We demand accountability for every act of violence committed against workers, the immediate reinstatement of workers dismissed for exercising their rights, and a decisive end to the criminalisation of collective action.”

Despite the challenges facing the union regarding strike action, Magagula praised the membership for their enduring strength.

“Regional successes confirm that workers remain willing to mobilise, strike and defend their rights when leadership is visible, campaigns are well-coordinated, and organisational systems function effectively.”

However, he warned there is a growing vulnerability in Samwu’s organisational capacity.

“Persistent weaknesses in mobilisation infrastructure, campaign planning, communication and accountability, combined with escalating employer hostility and political interference, pose serious risks to organisational coherence and worker confidence,” he said.

The general secretary expressed concern at the union’s high legal bills due to their constant litigation against employers, which constrain its coffers.

To alleviate this, he proposed that congress considers the internalisation of legal services.

He said the union would be implementing a legal cost-reduction strategy, centred on the internalisation of legal counsel.

“This approach means that all new instructions and mandates from union members will be handled by the in-house legal team rather than being outsourced to external law firms currently serving on the panel.”

Magagula said this move would not only reduce the high costs associated with external legal representation but would also streamline the management of legal cases.

“The transition will require current panel attorneys to conclude or formally hand over any ongoing cases, ensuring a clear demarcation between external and internal matters.”

He hopes the shift will foster greater accountability, improve communication between the legal team and members, and ultimately result in significant cost savings for the union.

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