Now illegal to strike without secret ballot

THE South African Federation of Trade Unions (SAFTU) says it will approach the courts to seek an urgent interdict against a new law that makes it illegal to embark on strike action before conducting a secret ballot.

SAFTU is joining the National Union of Metalworkers of South Africa (NUMSA) which has already begun the process of challenging the legislation at the Constitutional Court.

‘This is a violation of workers’ rights as enshrined in the bill of rights,’ SAFTU said.

The union said this law intends to ‘fatigue workers and unions from exercising their constitutional guaranteed right to strike and diminish the already shrinking power of the working class’.

‘The right to strike is the only weapon workers have at their disposal to fight against their employers for better conditions and wages,’ SAFTU said.

The union said it also opens new channels for employers to veto powers over strikes called by trade unions.

According to the new amendments, ‘every trade union or employer’s organisation must before calling a strike or lockout conduct a ballot of members in respect of whom it intends to call the strike or lockout’.

It also relates to member rights in regard to failure or refusal to participate in a strike. The permit in regard to balloting stipulates a requirement for a trade union to obtain the consent of the employer to hold a ballot and the procedures to be followed when conducting a secret ballot.

Registrar of Labour Relations, Advocate Lehlohonolo Molefe said this gives members of trade unions a choice whether or not to embark on strike action.

He cautioned that failure to comply with the legislation may result in deregistration of unions, cancellation of registration and placing the guilty party under administration.

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