We would like to start our briefing by reflecting on the Constitution of the Republic of South Africa, which puts the bill of rights as a cornerstone of our democracy.
One of the rights that is guaranteed there is the right to strike. Section 23 of the Constitution provides that everyone has a right to fair labour practices, and every worker has a right to form and join a trade union, to participate in the activities and programmes of a trade union, and to strike.
The Constitution is also clear on the limitations of rights. Therefore, it must be stated that while workers enjoy such rights, those rights have limitations as well. It doesn’t give a right to infringe on the rights of other citizens nor the right to destruction of infrastructure and property just because one is exercising their other right. That must be clear.
Government cannot accept nor allow anarchy to prevail. We are therefore holding this media briefing against that very firm commitment by Government, that lawlessness will not be allowed to prevail.
This joint media briefing seeks to update the public on the ongoing illegal and unprotected industrial action by eThekwini Municipality workers affiliated to South African Municipal Workers Union (SAMWU) which started on the 27th of February 2024.
The violent nature of the strike has resulted in essential municipal services being severely impacted as some employees are fearing for their lives after seeing their colleagues being attacked and infrastructure being vandalised.
The strike action came at a time when the municipality was making progress in repairing the infrastructure that was damaged by the consecutive severe disasters over the past five years including COVID-19, July 2021 Civil Unrest, 2022 and 2023 floods.
Since last week, the intimidation and continued attacks on non-striking employees have resulted in the city not being able to respond to faults and restore basic services such as water, refuse collection and electricity in the entire city.
Access to primary healthcare services has also been hampered by the intimidation of health workers in various municipal-run health facilities, putting the lives of ordinary citizens in danger. In the case where the public cannot access the city’s health facilities, we are redirecting them to the provincial clinics.
We have observed with great concern the attacks of the city employees at service delivery sites. Some have been shot while attending to service delivery complains. A number of water and sanitation, electricity infrastructure including vehicles have been damaged or completely destroyed.
We strongly condemns the cruel actions the illegal strike is inflicting on patients and ordinary citizens as seen in the blockage of access to state buildings including several clinics, potentially endangering the lives of innocent patients.
From now henceforth government will no longer tolerate the atmosphere of fear, trespassing on premises and forceful removal of staff from their work posts, denial of patients their rights to gain access into healthcare facilities, including vandalism of critical infrastructure such as water and electricity.
Communities who have been without water and electricity for several days are bearing the brunt of this unlawful strike action. Scenes witnessed over the past few days are pure criminality, economic sabotage and tantamount to treason.
Government is extremely concerned and upset about the violence accompanied by intimidation and extensive damage to property caused in the name of striking workers. The Municipality is currently conducting an assessment on the impact and financial implications of the strike.
INTERVENTIONS FROM ALL SPHERES OF GOVERNMENT
In this regard let me state that last night I convened an urgent Special Executive Council meeting, to brief Cabinet about the state of eThekwini Municipality as a result of the strike which has been accompanied by anarchy.
The meeting was to apprise Cabinet about the resolutions taken by a special meeting of the Ministers from the Justice Crime Prevention and Security (JCPS) Cluster yesterday afternoon to take stock of the Municipal strike.
A short while ago, this morning, the Mayor and I met with the Business Community led by KZN Growth Coalition, the Durban Chamber of Commerce and Industry and individual businesses, to brief them on the interventions and assure them that government is dealing with the situation accordingly.
Earlier yesterday the Provincial Government and the Municipality met to devise practical solutions to protect the infrastructure and citizens from clear sabotage.
Flowing from the actions taken by the Municipality last week and interventions by the provincial government and the JCPS Cluster, we are pleased to report this progress and these interventions to confront this situation head on, that;
• A technical task team comprising officials from all spheres of government has been established to implement coordinated interventions by relevant departments.
• To address the challenge of intimidation and attacks on non-striking workers, Metro Police and private security have been sourced to escort staff to service delivery points including clearing of roads, electricity faults, water leaks, burst pipes and refuse removal. Both the municipal and provincial law enforcement agencies are on high alert and will act without any fear to the acts of impunity. We are confident that this intervention will allow staff to respond to reservoirs overflowing or running empty, valves being closed, burst pipes and water leaks.
• As part of the business continuity plan, the Municipality has made provision for some key employees to work remotely. Contractors have also been engaged to do some work such as refuse collection and attending to water and electricity faults.
• A team has been set up to analyze all video footage of the destruction of property, including abuse of state vehicles that were in the hands of municipality officials who participated in the illegal strike. This process is well underway, and culprits are being identified through internal processes and they will be arrested soon.
• The Department of Cooperative Governance and Traditional Affairs, COGTA has provided a four-person team to fast-track disciplinary action of those who would be found to have been involved in untoward behavior.
• The eThekwini leadership will meet with the leadership of SAMWU, to explain to them that no amount of grievances should result in destruction of infrastructure and denying citizens their rights to basic services. Importantly, those who are involved in this anarchy will be liable for litigation for damages. Our legal units have been tasked to analyse that area.
The municipality has also engaged the Department of Water and Sanitation, COGTA, as well as Umgeni-Uthukela Water to provide technical assistance and additional water tankers.
Through Operation Sukuma Sakhe, we have activated all field workers in the province to conduct clean-up operations throughout the city as part of Operation Mbo.
The business sector has pledged to work with us as part of our interventions.
We want to assure the residents of eThekwini that consequence management will be applied to all workers who participated in the illegal and unprotected industrial action.
BACKGROUND ON THE STRIKE
In so far as the strike is concerned, The Municipality has not received a memorandum of grievances or petition from the South African Municipal Workers Union (SAMWU) apart for the Ekurhuleni Municipality pay scale which was submitted to the Office of the City Manager on 27 February.
Based on the information submitted, it would seem that SAMWU is demanding pay parity to that of Ekurhuleni Municipality and/or implementation of Category 10 pay scales.
The matter regarding the implementation of the Wage Curve is still under negotiation at national level as it is a national competence. The Municipality has obtained an urgent interdict in the Labour Court under CASE NO: D119/24.
The interdict against striking employees as well as those that are members of the South African Municipal Workers’ Union (SAMWU), prohibits any unlawful conduct, acts of violence and interference with the City's activities, services, and operations.
It further restrains the striking employees from intimidating, harassing, assaulting, threatening or perpetuating acts of violence against employees, service providers or those accessing offices or workstations.
The order also mandates employees to comply with their contracts of employment and comply with the Act, as committing unlawful conduct constitutes misconduct, and this could result in disciplinary action.
Employees are also interdicted from taking part in or instigating and unlawful, disruptive, or riotous behaviour that may result in damage to Municipal property, the infringement of rights of others, damage to any service delivery vehicles or hindering, obstructing or blocking Municipal vehicles.
It is of grave concern that SAMWU and striking employees are in breach of the Court Interdict and therefore in contempt thereof as incidents of violence and intimidation directed to staff members and vandalism have continued unabated.
The City Manager Musa Mbhele has issued Circulars advising all staff members that consequence management shall be implemented as the strike action is illegal and unprotected. To this end, the principle of ‘NO WORK, NO PAY, NO BENEFITS’ will apply.
We are also requesting additional technical expertise from state law enforcement agencies and intelligence, particularly on water infrastructure and health services.
CONCLUSION
In conclusion, we want to emphasise that all spheres of government are working together to resolve this challenge and we are in discussion with the National Government to support the City and Province through the provision of intelligence services and deployment of additional police officers in key hotspots to enhance safety and security capacity.
As the ANC government, we remain resolute to maintain the rule of law, ensure safety and security of all law-abiding citizens while we find an amicable solution to this issue.
I thank you