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Cape Town - The Democratic Alliance (DA) has proposed an amendment to the Labour Relations Act to hold trade unions liable for damage caused to private or public property during violent strikes.
Although the majority of proposed amendments tabled by opposition parties are rejected out of hand, DA shadow minister of labour Ian Ollis said on Tuesday he is confident this proposed amendment has a good chance of "at least" being debated in parliament. He said the proposal was a "reasonable request".
According to the proposed amendment, unions need to put measures in place to prevent violence, injury and damage to property. If they fail to do so, they will be held liable for any damages incurred.
"This is not a debate about whether unions should exist or whether they should be allowed to strike. It is an attempt at preventing or reducing the violence, intimidation and damage that has become associated with strike action," Ollis told Fin24.com.
Public sector strike violence
While this amendment was motivated by the recent season of wage negotiation and strike action, especially a protracted and often violent public sector strike, the DA believes the proposal will resonate with the ANC and its supporters. Local and international precedents also exist to assist South African lawmakers, said Ollis.
Firstly, the so-called football clause in Britain sees to it that football clubs take responsibility and are held liable for any damage caused by their members or supporters.
But the DA feels Judge John Hlope's recent High Court ruling backs its proposal up the best. On September 9, Hlope ruled that the South African Transport and Allied Workers' Union could have foreseen violence during strike action and, because it did not take precautions to prevent it, should be held liable for damages.
"This is about crowd control," said Ollis. Reasonable measures that unions could take to prevent strike action causing damage to property, injury and even loss of life, said Ollis, would include briefing members beforehand about the consequences of violence (for themselves and for the union) as well as implementing a better marshal system to monitor protest action.
- Fin24.com
Although the majority of proposed amendments tabled by opposition parties are rejected out of hand, DA shadow minister of labour Ian Ollis said on Tuesday he is confident this proposed amendment has a good chance of "at least" being debated in parliament. He said the proposal was a "reasonable request".
According to the proposed amendment, unions need to put measures in place to prevent violence, injury and damage to property. If they fail to do so, they will be held liable for any damages incurred.
"This is not a debate about whether unions should exist or whether they should be allowed to strike. It is an attempt at preventing or reducing the violence, intimidation and damage that has become associated with strike action," Ollis told Fin24.com.
Public sector strike violence
While this amendment was motivated by the recent season of wage negotiation and strike action, especially a protracted and often violent public sector strike, the DA believes the proposal will resonate with the ANC and its supporters. Local and international precedents also exist to assist South African lawmakers, said Ollis.
Firstly, the so-called football clause in Britain sees to it that football clubs take responsibility and are held liable for any damage caused by their members or supporters.
But the DA feels Judge John Hlope's recent High Court ruling backs its proposal up the best. On September 9, Hlope ruled that the South African Transport and Allied Workers' Union could have foreseen violence during strike action and, because it did not take precautions to prevent it, should be held liable for damages.
"This is about crowd control," said Ollis. Reasonable measures that unions could take to prevent strike action causing damage to property, injury and even loss of life, said Ollis, would include briefing members beforehand about the consequences of violence (for themselves and for the union) as well as implementing a better marshal system to monitor protest action.
- Fin24.com
