FORTY local South African Municipal Workers Union (SAMWU) members who went on the rampage in August 2011 and damaged municipal property, were sentenced to six months imprisonment or a fine of R2 000.
The exception was union leader Pamela Makhoba who was slapped with a higher fine of R4 000.
Half of the sentence was suspended for five years on condition they are not again convicted on this charge.
The group hung their heads in despair as the sentence was handed down in the Richards Bay Regional Court on Monday afternoon.
The members, employees at the City of uMhlathuze Municipality with the exception of one who has since left the municipality’s employ, were charged with public violence after having unlawfully assembled in Alton and damaged an electric transformer, fire hydrant and traffic police vehicle during the industrial strike action on 23 August 2011.
Magistrate Logan Naidoo said while protest, picketing and striking is a constitutional right, it should not be abused.
‘The underlining principle for crime is the lack of respect for law and order and no one should be immune to the might of the law.
‘We would allow the country to go into disarray if we do not apply the law.
‘As purposes of deterrent these individuals must realise they failed to respect law and order.
‘Persons must learn from their mistakes and the punishment must deter them from committing a similar crime again.
‘In recent years and months when strikes and protest action have escalated to serious violence and the use of arms, there is just no respect for law and order. Each person must respect one another.
‘We have persons here that should know better, to conduct themselves in this manner is shocking,’ he said.
City of uMhlathuze spokesperson Vukile Mathabela said the municipality welcomed the sentencing and have always maintained that the law must take its course.
‘ We believe that workers have the right to strike, however that should not lead to violence,’ said Mathabela.
30 SEPTEMBER
Public violence mob guilty
A GROUP of City South African Municipal Workers Union (SAMWU) members, charged with public violence in 2011, have been pronounced guilty in the Richards Bay Regional Court on Thursday.
The 40 accused, employed at the City of uMhlathuze Municipality, were found to have unlawfully assembled – in Alton and damaged an electric transformer, fire hydrant and traffic police vehicle during the industrial strike action on 23 August 2011.
Through their defence team, the group pleaded not guilty and chose not to testify, taking the Magistrate Logan Naidoo and State Prosecutor Sharon Bux by surprise during the trial last week.
The State called five witnesses – three municipal employees and two police officers.
Rendering his judgment, Magistrate Naidoo said witnesses testified to have seen the group at the Alton premises after 7am that day despite the group arguing they only arrived there at 8am.
Witnesses confirmed seeing them burning tyres and toppling a bin which caused an obstruction at the entrance of the City’s Fire and Rescue Services, where they further intimidated employees reporting for duty, forcing them to leave.
They damaged a transformer and fire hydrant.
In addition, traffic officials conducting patrols in that area were accosted by the mob, who pelted them with rocks and stones and forced them to make a getaway.
The court found the witnesses’ evidence to be credible, providing compelling evidence placing the accused at the scene.
Naidoo said the group should not have been silent when they had an opportunity to represent themselves.
‘Evidence in this case was overwhelming, and the accused lost their respect for law and order.
‘They were happy to follow accused 1 (Makhoba, she was dishonest as she conducted herself in this manner when she could have stopped this.
‘The police who arrived at the scene could have arrested her as the leader but instead spoke to her, however she facilitated further disturbance to people going to work and destroying property.’
‘People were hiding behind numbers and identity, it is unfortunate that society conduct themselves in unlawful manner only because of numbers,’ he said.
Sentencing will take place today (Monday).
Accused
Pamela Makhoba, Sibongiseni Ngwenya, Reggie Ndlela, Sibusiso Ncube, Bhekuyise Mthethwa, Vangeli Ntshakola, Bongani Gumede, Mandla Mbuyazi, Mandla Mvelase, Thokozani Gumede, Zithulele Khumalo, Dennis Mthiyane, Skhumbuzo Nduli, Dinga Nomandla, Sifiso Mkhwanazi, Mthokozeni Mdluli, Jabulani Myeni, Mfanawenkosi Ngema, Xolani Mthethwa, Leornado Khanyile, Reuben Buthelezi, Amos Nhlenyama, Phelemon Gumede, Sthembiso Mbuyazi, Ephraim Shandu, Muntukathenjwa Mkhize, Selby Mtshali, Jabulani Nzuza, Fikile Lukhele, Thulaphi Dlamini, Phumzile Lushozi, Zakhona Mtongana, Simangele Ximba, Thembelihle Shandu, Nomusa Mthethwa, Jabu Zulu, Thulisiwe Shongwe, Thembalihle Ntuli, Jeannet Makhanya and Primrose Mthethwa
FRIDAY 27 SEPTEMBER
A GROUP of City South African Municipal Workers Union (SAMWU) members, charged with public violence in 2011, have been found guilty in the Richards Bay Regional Court.
The 40 accused, employed at the City of uMhlathuze Municipality, were found to have unlawfully assembled – in Alton and damaged an electric transformer, fire hydrant and traffic police vehicle during the industrial strike action on 23 August 2011.
Full story to follow
