2010-04-19: City condemns intimidation, damage, vandalism during strike
THE vandalism and intimidation accompanying the current strike by Samwu workers have now exceeded the boundaries of acceptable behaviour.
The right to strike is entrenched in the constitution of the country and codified in the Labour Relations Act. This right also includes the right not to participate in strike action without fear of intimidation. The City of Johannesburg has no qualms with employees exercising these rights, as long as they do so within the confines of the Constitution and the LRA and without intimidating or threatening employees who took the decision not to participate in the strike. Whilst the City commended Samwu for their orderly behaviour on Monday 12 April 2010, they chose to engage in acts of vandalism and intimidation during their March of 15 April 2010.
The City of Johannesburg is extremely perturbed by the mindless trashing of City streets, the overturning of dustbins and the scattering of refuse that occurred during the marched organised by Samwu on 15 April 2010. These act have a negative impact on the citizenry of Johannesburg in that it not only encroaches on their right to a safe and healthy environment, but it also shows some disregard for the loyal and paying citizens of Johannesburg who really do not deserve such treatment from the members of Samwu.
This has gone beyond the accepted norms of civilised protests and is definitely not helping efforts to seek an early resolution to the strike. Samwu needs to take the responsibility for every act of vandalism because it organised the march and should be held accountable for the actions of participants.
Residents of Johannesburg have now suffered long enough from the mindless actions of elements within the ranks of Samwu. We call on the leadership of Samwu to condemn this behaviour in the strongest possible terms and to instil the necessary discipline among their members. Further, these acts of vandalism have an adverse effect on the budgets of the city since you as citizens of Johannesburg have to foot the bill to clean the City and to repair any damages suffered by the city as a result of this unwarranted action.
While the City of Johannesburg respects the rights of individuals and organisations to freedom of speech and assembly it cannot allow its employees, residents and the business community to become victims of vandalism, violence and intimidation.
The City is currently considering measures to regulate the behaviour of marchers and protestors in future. Because of the failure of the Samwu leadership to control their members it might lead to future marches being denied unless Samwu would be prepared to pay deposit as security and should there be damages and vandalism, the City would reserve the right to withhold such deposits and use same to repair damages caused by the strikers.
The City is also working with law enforcement agencies to study CCTV footage of the march and to identify the culprits. Such vandals will be disciplined and, if need be, prosecuted to the fullest extent of the law.
Johannesburg again apologises to residents for the inconvenience caused by the strike. We can assure you that we are doing everything in our power in close liaison with SALGA to find a resolution to the issue and to restore services to normality as soon as possible.
We call on residents who have placed their 240 litre wheelie-bins outside for refuse removal to please return them back inside their properties as a temporary measure. This measure is introduced in order to minimise the availability of rubble in the streets that makes it easier for Samwu to trash the streets. Business owners in the CBD and other areas are also urged to keep rubble from the streets for the reasons mentioned.
For your convenience, a complete schedule of refuse collection will be published and publicised in the media once the strike has ended and the situation has returned to normal.
The City of Johannesburg is also extremely concerned with the blatant intimidation by Samwu against workers who perform essential services – most notably in the JMPD, the Emergency Management Services and Healthcare. This, notwithstanding the fact that Samwu's strike notice clearly and unambiguously excluded essential services employees from participating in the strike.
The City is aware of a notice signed by Mr Dumisani Langa of Samwu to all members threatening them that "those who did not participate in this strike action will not be entitled to benefit anything, including Imatu members," the City finds this conduct to be not only intimidatory but also contrary to the letter and spirit of both the Constitution and the LRA. This notice also creates the wrong impression that employees at JMPD, EMS and health are entitled to strike. This communication contradicts the assurances given to the City by Samwu at the beginning of the strike.
The City, once again, draws the attention of employees performing essential services that they are not allowed to strike and if they do so they will run the risk of disciplinary action.
Issued by:
Nthatisi Modingoane
Deputy Director: Communications
CITY OF JOHANNESBURG
Tel: (011) 407 7354
Fax: 403 3494
Cell: 082 467 9228
E-mail: nthatisem@joburg.org.zaThis e-mail address is being protected from spambots. You need JavaScript enabled to view it