Samwu required to explain why it should not be fined R3 million for being in contempt of court
The South African Municipal Workers Union (Samwu) in Durban was on Friday put on terms by a judge to give reasons why it should not be found to be in contempt of court and fined R3m for disobeying an interdict aimed at stopping its illegal strike.
Samwu’s leadership, including regional chairperson Siyabonga Dladla and shop stewards, will also have to explain why they should not be jailed for three months or fined R50,000 each.
Durban labour court judge Kelsey Allen-Yaman has ruled the matter must return to court on Wednesday.
The urgent application before the judge was brought by the eThekwini municipality.
It said Samwu had failed to comply with an interdict granted in February that should have ended the illegal strike which resulted in violence, service delivery disruptions, and destruction of property.
The city, in its affidavit, said “mayhem” had continued well into March with attacks on municipal buildings and vehicles as well as intimidation, threats of violence and violence.
At the time, the city said Samwu and its members had not lodged a formal dispute (over wages) and the strike was therefore unlawful.
In terms of the order granted on Friday, Samwu and its leadership must “explain their conduct” by way of an affidavit but they are not excused from being present in court.
The initial interim interdict granted by judge Benita Whitcher on February 29 contained provisions that were immediately enforceable.
These included the respondents, Samwu and its shop stewards, were interdicted and restrained from committing acts of violence, engaging in unlawful conduct and intimidation or interfering with the city’s services and operations.
They were ordered to comply with their contracts of employment and the provisions of the Labour Relations Act.
The return date for that interdict, which has yet to be opposed by Samwu, was also March 28 and it is expected to be heard with the contempt application.
While papers were served on Samwu it did not send a legal representative to court.
-TL
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