Appeal court interdicts essential service workers from striking

• Nehawu says its lawyers are studying the judgment

The National Education, Health and Allied Workers’ Union (Nehawu) says its attorneys are studying the labour appeal court judgment interdicting essential service workers from continuing with industrial action that has resulted in the deaths of at least four patients.

In a ruling on Monday, Basheer Waglay, judge president of the labour appeal court, and his colleagues Kate Savage and Nyameko Gqamana, ordered the industrial action by Nehawu, its members and employees “who are employed in essential service”, interdicted with immediate effect.

“Nehawu and all such essential service employees are restrained and prevented from continuing with or participating in any such strike, picket or any other form of industrial action.”

This means Nehawu members at the SA Social Security Agency (Sassa), which disburses social grants to millions across the country, those employed at the Special Investigating Unit, and at the SA National Biodiversity Institute, among others, are prevented from continuing with work stoppages and should return to their posts.

Nehawu, one of the largest affiliates of labour federation Cosatu — an ally of the governing ANC — was ordered to inform its members and officials and all those to whom it had given notice of the strike “including but not limited to every hospital and clinic in SA at which it has members within the essential services, of the order of this court, through publication on social media, by email and by all other appropriate means available to it”, by no later than 1pm on Monday March 13.

The appeal court said the order remained in force until the final determination of the appeal against the order of labour court judge Edwin Tlhotlhalemaje.

Nehawu national spokesperson Lwazi Nkolonzi said: “We are waiting for our legal department to give us legal advice on the judgment, after which we will make a pronouncement on the way forward.”

The Nehawu strike, which saw healthcare workers including doctors intimidated, assaulted and prevented from reporting for duty, attracted condemnation from all quarters, including from within the labour movement.

Nehawu’s sister union, the SA Democratic Teachers Union (Sadtu), condemned the “the bullying and thuggery conduct of members of Nehawu who are on strike”.

Several hospitals, including one of Africa’s largest, Chris Hani Baragwanath Academic Hospital, and clinics were rendered inaccessible by those reporting for duty or those wanting to go home after their shifts.

Health minister Joe Phaahla said a preliminary report indicated the deaths of at least four people could be linked to the industrial action.

The industrial action relates to a wage deadlock by parties at the Public Service Coordinating Bargaining Council (PSCBC) for the 2022/2023 financial year. The impasse led to government unilaterally implementing a 3% pay hike for the country’s more than 1.3-million public servants, angering unions who had demanded a 10% raise.

The unions, including the Police, Prisons and Civil Rights Union (Popcru), the Democratic Nursing Organisation of SA (Denosa), the SA Policing Union (Sapu), the Public Servants Association (PSA) were issued with certificates of non-resolution by the bargaining council, allowing them to go on strike. Three teachers’ unions including Sadtu, the SA Teachers Union, and the National Professional Teachers’ Organisation of SA, accepted the 3% pay hike.

In his medium-term budget policy statement in October, finance minister Enoch Godongwana — a former trade unionist — said the 3% offer the government unilaterally implemented was in the best interest of the fiscus and public service workers, and that implementing it would not undermine the collective bargaining process. The industrial action is viewed as a test to his determination to rein in the public sector wage bill, which eats up more than one-third of government spending.

The unions, which argue that their demand for a 10% wage increase is necessitated by the rising cost of living, have refused to take part in wage talks for the 2023/2024 financial year until the wage dispute is resolved, despite the PSCBC calling on parties to go back to the bargaining council.

NEHAWU AND ALL ESSENTIAL SERVICE EMPLOYEES ARE RESTRAINED FROM PARTICIPATING IN ANY FORM OF INDUSTRIAL ACTION