Violent Strikes a Thing of the Past

It is arguably the case that violence and intimidation have become synonymous with strike action in South Africa. Legal action against trade unions which incite or participate in illegal conduct during strikes is perceived as ineffective in addressing the issue because interdicts and contempt orders are routinely ignored. On the other hand, our Constitution expressly recognises the fundamental right of workers to engage in protected strike action. This is regarded as a vital mechanism in the power-play dynamic between business and workers. This article is written by Claire Gaul and Ganeefa Dawood of Webber Wentzel Attorneys.