The National Education, Health and Allied Workers’ Union (Nehawu) said it has complied with Monday’s court ruling that interdicted a strike by workers in essential services, but stressed that members who aren’t in that category would continue with the industrial action.
“We have adhered to what the interdict says in terms of communicating it to our members that those in essential service must comply with it. And that’s what we did on Monday,” Nehawu national spokesperson Lwazi Nkolonzi told Business Day on Tuesday.
“We also want to clarify that the strike, in its entirely, has not been interdicted. The court interdict pertains to one component, which is essential service.”
Nkolonzi stressed that Nehawu members, who are not essential service workers, “are continuing with the strike”.
“Our legal team will be meeting to explore our legal recourse and provide an opinion,” Nkolonzi said.
The national department of health called on striking healthcare workers to return to their posts on Tuesday or face disciplinary action.
“Reports we are receiving from provinces suggest that workers have heeded the court judgment handed [down] yesterday [Monday]. We will issue a media statement later [Tuesday] to provide a picture in terms of return to work,” departmental spokesperson Foster Mohale told Business Day.
Basheer Waglay, judge president of the Labour Appeal Court on Monday ordered the strike by Nehawu, its members and employees “who are employed in essential service”, interdicted with immediate effect.
“Nehawu and all such essential service employees are restrained and prevented from continuing with or participating in any such strike, picket or any other form of industrial action.”
The interdict compels, among other workers, Nehawu members at the SA Social Security Agency (Sassa), which is responsible for disbursing millions of social grants across the country, those employed at the Special Investigating Unit, and at the SA National Biodiversity Institute (Sanbi) to return to work.
Nehawu, one of the largest affiliates of labour federation Cosatu — a key ally of the governing ANC — was also ordered to inform its members and officials and all those to whom it had given notice of the strike in every province “including but not limited to every hospital and clinic in SA at which it has members within the essential services, of the order of this court, through publication on social media, by email and by all other appropriate means available to it”, by no later than 1pm on Monday March 13.
The Labour Appeal Court said the order remained in force until the final determination of the appeal against the order of labour court judge Edwin Tlhotlhalemaje.
The Nehawu strike, in which healthcare workers including doctors were intimidated, assaulted and prevented from reporting for duty, has attracted widespread condemnation, including from other unions.
Nehawu’s sister union, the SA Democratic Teachers Union (Sadtu), condemned the “the bullying and thuggery conduct of members of Nehawu who are on strike”.
Several hospitals, including Chris Hani Baragwanath Academic Hospital — one of Africa’s biggest health facilities — and clinics were blocked and rendered inaccessible.
Health minister Joe Phaahla said a preliminary report indicated the deaths of at least four people could be linked to the industrial action.
The strike comes after a wage deadlock at the Public Service Co-ordinating Bargaining Council (PSCBC) for the 2022/2023 financial year. The impasse led to government unilaterally implementing a 3% pay hike for the country’s more than 1.3-million public servants, angering unions who had been demanding a 10% raise.
The disgruntled unions, including the Police Prisons and Civil Rights Union (Popcru), Democratic Nursing Organisation of SA (Denosa), SA Policing Union (Sapu), Public Servants Association (PSA), were issued with certificates of non-resolution by the bargaining council, enabling them to strike. Three teachers’ unions including Sadtu, the SA Teachers Union, and the National Professional Teachers’ Organisation of SA, accepted the 3% pay hike.
In his medium-term budget policy statement in October, finance minister Enoch Godongwana — a former trade unionist — said the 3% increase was in the best interests of the fiscus and public service workers, and that implementing it wouldn’t undermine the collective bargaining process.
The industrial action is a major test of Godongwana’s determination to rein in the public sector wage bill, which accounts for more than a third of government spending.
The unions argue their demand for a 10% wage increase is necessitated by the sharp increases in prices of food, electricity, transport and fuel.
They have refused to take part in wage talks for the 2023/2024 financial year until the wage dispute is resolved, despite the PSCBC calling on parties to return to the bargaining council.
TIMELINE
July 2022: Public service unions reach a deadlock at the PSCBC after the employer refuses to accede to their demands for above-inflation wage increases.
October 26, 2022: Government unilaterally implements a 3% increase for public servants, as per numbers in the medium-term budget policy statement tabled by Godongwana in parliament.
October 31, 2022: Four public service unions, including Nehawu, are issued with strike certificates after lengthy talks at the PSCBC fail to broker a wage agreement for the 2022/2023 financial year.
February 23, 2023: Nehawu serves the department of public service & administration (DPSA) with a strike notice, starting on March 6.
March 4, 2023: The DPSA successfully approaches the labour court for an order interdicting the strike from going ahead. Judge Edwin Tlhotlhalemaje undertakes to file reasons for his ruling at a later date.
March 5, 2023: Nehawu files an appeal which suspends the interdict and says the strike will go ahead.
March 6, 2023: Nehawu members across SA down tools and soon cripple the healthcare sector as nurses and doctors are assaulted, intimidated and prevented from reporting for duty. The DPSA successfully approaches the labour court for an order granting it leave to execute the court interdict granted by Tlhotlhalemaje.
Later that day Nehawu launches an appeal against the ruling at the Labour Appeal Court, stressing the work stoppage would continue. As the industrial action continues throughout the week it becomes more violent, drawing condemnation from other unions and government, with the PSCBC saying the situation was untenable, and calling on parties to return to the negotiating table.
March 8, 2023: The Gauteng health department obtains a court interdict at the labour court in Johannesburg compelling Nehawu to stop its members from obstructing patient health services in the province. The SA National Defence Force deploys practitioners from the SA Military Health Services after a request for assistance by the health department.
March 9, 2023: Health minister Joe Phaahla and Gauteng MEC for health and wellness Nomantu Nkomo-Ralehoko visit health facilities affected by the industrial action, starting at the Charlotte Maxeke Johannesburg Academic Hospital
March 10, 2023: The Labour Appeal Court hears Nehawu’s application for leave to appeal the labour court ruling allowing the DPSA to execute the court interdicted granted by Tlhotlhalemaje.
March 13, 2023: The Labour Appeal Court interdicts essential service workers from taking part in the strike.
Information by Luyolo Mkentane
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