iSERVICE

Security guard union ordered to pay up

Satawu loses damages claim for march in Cape Town in 2006.

CAPE TOWN (Sapa) - The SA Transport and Allied Workers' Union was on Wednesday ordered by the Cape Town Magistrate's Court to pay a woman R20,857 for damage caused by striking security guards during a protest in the city last year.

Civil court magistrate James Lekhuleni rejected the defence of Satawu that the claim would open floodgates of litigation for other property damaged.

Lekhuleni said: "I am here to administer justice, and if all the facts before me favour plaintiff Sharon Saunderson, it is only fair that I rule in her favour."

Soon after a march in May last year, City of Cape Town mayor Helen Zille encouraged victims of the march to lodge claims and offered assistance.

Satawu responded by saying if it could be proved that any Satawu member had caused any damage, Satawu would pay.

Saunderson, an attorney, had parked her car in Adderley Street at the time of the violent march.

Lekhuleni said: "There was a march, and there was damage, and in terms of the Regulation of Gatherings Act the damage was caused by those who chose to participate in the march."

Lekhuleni said the police had banned the march because there were not enough marshals to control it, but that Satawu had gone ahead with it anyway.

When damage was caused, Satawu had tried to "pass the buck" back to the police, he said.

He added: "When they went on the march, they knew there wouldn't be barriers to control the protestors, but Satawu went ahead nevertheless."

He said the security guard strike, about their wages, had gone on for three months prior to the Cape Town march, and the striking guards had been desperate and tense because of their plight.

He agreed with Saunderson's attorney, Jacques de Beer, that Satawu had been aware of the situation, and should have foreseen that the marchers would give vent to their frustrations.

Lekhuleni said Satawu had budgeted for arrests and court appearances resulting from the march, and would not have done so had they not thought of the danger involved with protest marches.