The Centre for Constitutional Rights condemns in the strongest terms the ongoing and escalating violence purportedly being committed by striking workers across South Africa.
The Constitution indeed protects the rights of everyone to assemble, demonstrate, picket and present petitions – peacefully and unarmed. The Constitution also provides a number of other options to claim our rights in a peaceful and lawful manner, including the right to fair labour practices, to join a union, to engage in collective bargaining and ultimately, to strike. These rights, however, by no means allow for the destruction of property, or intimidation and assault of co-workers and other individuals in pursuit of any objective. Nonetheless, acts of violence directly linked to strike actions are rapidly on the increase, and violence and threats of violence to achieve goals and objectives are fast becoming the accepted norm in our society. Indeed, in a recent survey more than half of Cosatu’s members said that they supported the use of violence during strikes.
Recent events at Marikana in the North West Province, during which two police officials and at least 34 striking miners were killed, have apparently spurred further country-wide strike action – which is in most instances unprotected and illegal. As has been widely reported, these strike actions, especially in the mining and transport industries, have resulted in, and continue to result in, the destruction of property, acts of intimidation and assault.
Regardless of the grievances striking workers might have, and regardless of how far employers and employees might be removed from common ground, this undemocratic and criminal behaviour by striking workers is unacceptable in our society and should be condemned by all South Africans, including union leadership.
Allowing current violent acts to continue with impunity will add nothing positive to our constitutional democracy and may endanger the rule of law in South Africa itself. If the tragic events at Marikana were not enough of a wake-up call, waiting for another such incident might be too late for us to prevent irreparable damage to labour relations, the economy and South Africa’s image.
Adv Johan Kruger
Centre for Constitutional Rights
