SACCI STATEMENT ON CONSTITUTIONAL COURT JUDGMENT

SACCI welcomes the Constitutional court decision yesterday that trade unions can be held financially responsible for damage caused during protest action.

SACCI members have experienced the consequences of inappropriate behaviour during strike action varying from harm to individuals, damage to property and prevention of access to business for management and customers and as such SACCI feels strongly that the right to protest must be balanced against responsible behaviour and property rights.

In addition, SACCI welcomes the decision as it will go some way to restore the balance between the rights of labour and the rights of business under the constitution where although the constitution is balanced and fair, implementation of its provisions has sometimes been found wanting.

In the current economic circumstances, restoration of property damaged by protest action is a cost that neither the public or private sector can afford. Having investment distracted in this manner has significant adverse consequences for job creation. Using violence as leverage in negotiations is neither ethical, nor contributing to growth and development.

Not the right to strike but the perceived right to inappropriate labour behaviour is a major obstacle in ease of doing business in South Africa and SACCI hopes that this judgment will go some way to make the crucial employer, employee relationship a more harmonious and fair one with the aim of job creation everyone's focus.

Statement issued by CEO of SACCI, Mr Neren Rau, June 14 2012

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