Solidarity’s members will work on Monday and demand employers to remain open 

16 March 2023

Solidarity sent a letter today to more than 1 200 companies where it is organised, in which it states that its members will show up for work on Monday and that employers are expected to remain open so that Solidarity members can work. 

According to Dr Dirk Hermann, Chief Executive of Solidarity, Solidarity members have a contractual duty to work and the employer has a duty to provide work. Hermann says Solidarity members offer their services and employers cannot send them on compulsory leave or close office and not pay them for it. 

Solidarity mentions in its letter that the country cannot afford to lose a day’s economy. It will further threaten jobs. 

In its letter Solidarity encourages employers to hold Julius Malema in person and the EFF civilly liable for any damages cause. Case law in this regard is clear and it would be possible to demonstrate a direct causality between Malema’s incitement to violence and violence that occurred. One damages claim could bankrupt Malema and the EFF. 

“Our members will not be intimidated by a clown in a red overall who huffs and puffs and who is rejected by 90% of South Africans. Solidarity members will, like many other South Africans, work in their thousands. The only way for the EFF to be successful is to incite fear. This they do by having their threats expressed in the media and by circulating threatening messages. Every employer who closes as a result of vague threats, feeds the EFF’s fear tactics and is complicit in the disruption on the day,” Hermann said in the letter. 

Solidarity also wrote that they expect responsible action in this regard and for real risk to be monitored. The necessary contingency plans must be in place. Our members want to work but they want to do so in a safe and responsible way. If, based on a proper risk analysis in terms of occupational safety legislation, it is determined that there is a threat to life or safety, the situation changes. However, a reaction based on vague threats is not a justified risk analysis.

Hermann continued: “We cannot allow employers to prevent our members from working without there being a proven risk of unsafety. Should an employer prevent a Solidarity member from working in the absence of a real risk, enforce compulsory leave or no pay, they can expect labour law action against them from us.

Should employers close on the day based on threats, they will be feeding an anarchist culture which will demand even more next time. By giving in to EFF demands they will contribute to us being ruled by a mob of anarchists. What we expect of employers is to exercise a choice in favour of law and order. By closing, they will do the exact opposite. This feeds disorder and violates the law. 90% of South Africans reject the EFF; employers must also do so.”

Issued by Dirk Hermann, Solidarity: Chief Executive Officer, 16 March 2023