Labour Court grants City interim interdict against SAMWU members

This morning the Labour Court granted the City of Cape Town an urgent interim interdict against the South African Municipal Workers Union (SAMWU) which will force SAMWU members to comply with strike and picketing rules as well as the Gatherings Act.

The ruling interdicts SAMWU members from assaulting and intimidating City employees, contractors, suppliers and members of the public as well as carrying weapons such as sjamboks and knobkieries. This comes after multiple reports of SAMWU members harassing and beating non-striking staff members and preventing them from working over the past three days.

In addition SAMWU members have been interdicted from damaging City and private property and looting, following its members' destruction and looting of informal traders' stalls as well as damages caused to private vehicles and burning and vandalism of City property. They are also prevented from interfering with building operations and public works.

SAMWU members will no longer be able to blockade the entry points of the City's facilities and depots, as they have been doing with builders' rubble and burning tyres this week.

The interdict also reiterates the stipulation that City employees engaged in designated essential services, including City Health, Traffic Services, Metro Police, Law Enforcement Services, Fire and Emergency Services and the provision of water, electricity and sanitation may not participate in strike action and must immediately return to work to tender their services.

The City was forced to take legal action once the municipal workers' strike was characterised by unacceptable acts violence and intimidation by SAMWU members.

Yesterday, 17 August striking SAMWU members damaged the City's Town Two Clinic in Khayelitsha. One of the nurses working at the clinic was injured during the incident and is in hospital receiving care. Services at various City clinics continued to be disrupted yesterday, owing to incidents of intimidation by SAMWU members and clients have had to be directed to other nearby clinics.

"With the order now in place the City will continue to closely monitor strike actions and will compile evidence of any transgressions of this interim interdict. In the event that there are transgressions of this interdict, the City will approach the Labour Court to seek a final interdict to declare the SAMWU strike illegal. Sadly, I have already received reports this morning of striking workers stoning council vehicles and buildings, overturning refuse bins and portable chemical toilets and intimidating non-striking staff. We will be raising these incidents with the court as this is wholly unacceptable," said Alderman Demetri Qually Mayoral Committee Member for Corporate Services.

The City is collating data about the damages caused by striking SAMWU members and the related costs. This information will be used for cases of disciplinary action as well as the recovery of costs from SAMWU where evidence can be provided showing their involvement. The municipal bins damaged by striking municipal workers in the CBD alone on Tuesday afternoon amounted to R92 326,00.

Today 3799 City staff or 15% of the City's workforce was absent from work without authorisation. This includes staff who intended to come to work, but were prevented from doing so by striking SAMWU members.

Refuse collection remains the worst hit area of service delivery - not only because the Solid Waste Management Department is short-staffed as a result of the strike, but because of violence and intimidation by striking workers.

The Solid Waste Management Department is scheduling additional refuse collection services over the weekend to try and clear the backlog. Businesses and residents are requested to leave their refuse bins out over the weekend, from 06:30 on Saturday morning, until they are collected. If the refuse has not been collected by Sunday night, residents should please move their bins back inside their properties and place them out, together with any accumulation of bagged refuse, the following week on the scheduled day. In informal settlements, residents must please make use of the shipping containers placed throughout the area. The City will keep residents informed of the unfolding situation or amendments to this arrangement as required.

Residents are urged to assist the City during this time by not dumping waste and by not letting wet waste accumulate if not collected. The following drop-off sites will be open for domestic refuse on Mondays to Saturdays from 08:30 to 17:00 and on Sundays from 09:00 to 14:00:

Drop-off facilities are also available at the following disposal facilities:

For any queries regarding the drop-off facilities, residents can contact 021 442 8136.

The strike by members of the Independent Municipal and Allied Trade Union (IMATU) is still due to commence on Friday 19 August 2011. IMATU members are urged to take note of the conditions stipulated in the interdict.

Both strikes will run until wage negotiations with SALGA are finalised. SALGA has confirmed that it cannot afford to meet the demand of an 18% wage increase, and its offer of 6,08% still stands.

The City regrets the inconvenience during this difficult period and asks residents for their patience and cooperation to ensure that the city stays clean and safe in the weeks to come.

For any enquiries, residents can contact the City's Call Centre on 0860 103 089.

Statement issued by Alderman Demetri Qually, Mayoral Committee Member for Corporate Services, City of Cape Town, August 18 2011

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