NUMSA DEFENDS THE RIGHT TO SING STRUGGLE SONGS!
01 June 2018
The National Union of Metalworkers of South Africa (NUMSA) is a respondent in a case at the Constitutional Court, lodged by Duncanmec. In April 2013 the company fired our members for misconduct for singing a struggle song during an unprotected strike in April 2013.
They claimed that the sonq was racist and an example of hate speech. The lyrics are as follows: “Ngizokhwela phezukwendlu kalinda. uMama uyajabula mangishayibhunu, uMama uyajabulua mangishayi bhunu…” which roughly translated means “Climb on top of the roof and tell them that my mother is rejoicing when we hit the boer”
We reject the notion that struggle songs are racist. As NUMSA we defended our members at the CCMA and the Labour Court. They both found that our members had been unfairly dismissed and ordered that they be re-instated.
But Duncanmec stubbornly refuses to adhere to these findings. They tried to appeal to the Labour appeals Court but were denied leave to appeal. On Thursday the matter was heard by the Constitutional Court and it will make a final determination on whether to uphold the just decision of the CCMA and the Labour Court, or it may reverse the decision in favour of Duncanmec.