Violence and intimidation during times of employee strike action has become commonplace and altering South Africa’s legislation is unlikely to end the aggressive stance taken by disgruntled workers.

South Africa’s “root problem” was not only the consequence of a “deficient and toothless” legislative framework, but also a lack of progress in education and upliftment, and the attitude and views of workers, said Steel and Engineering Industries Federation of Southern Africa (Seifsa) industrial relations executive Gordon Angus.

His comments had followed the Democratic Alliance’s submission to the National Assembly last week of a private member’s Bill aimed at holding trade unions accountable in the event of violence, intimidation and damage to property during now-common large-scale industrial action.

The Memorandum on the Objects of Labour Relations Amendment Bill of 2014 outlined 256 cases of intimidation, 50 violent incidents and 85 cases of vandalism reported in the first two weeks of the month-long metals and engineering industry strike in July.

The National Union of Metalworkers of South Africa-led strike had cost the economy R6-billion, with the daily cost to industry calculated at R300-million. The wages lost by striking workers were in the region of R200-million, Angus said.

While over 100 people were arrested for violence during the strike, Angus quoted National Police Commissioner General Riah Phiyega as saying that few of the prosecutions would lead to convictions, as witnesses – including employers – declined to testify in court against alleged perpetrators.

The proposed Bill would likely be welcomed by many businesses, property owners and citizens, but its success would rely on the attitude of workers, Angus explained, pointing to a 2013 survey of union stewards showing their belief that the outcome of negotiations with employers would be most in their favour if strike action was violent.

The Forum for Public Dialogue-funded survey of 2 052 Congress of South African Trade Union (Cosatu) shop stewards, conducted in 2012 by the Community Agency for Social Enquiry, was a follow-on study to a survey commissioned and funded by Cosatu in 1991, which had produced similar viewpoints by those surveyed.

“The proposed legislative change will, indeed, go a long way in addressing the issue of violence in strikes, but ultimately it is the attitude and behaviour of the participants in strike action that needs to be addressed,” he commented.

Trade unions and employers needed to work more closely together at both workplace and national levels to build better workplace relations and ensure that basic democratic practices are adhered to even during times of industrial action.

“It would appear, therefore, that while empowering the Labour Court to declare a violent strike unprotected in terms of the Labour Relations Act should be welcomed, that will not be sufficient,” he concluded.