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DA: Statement by Ian Ollis, Democratic Alliance shadow minister of labour, on the court ruling on strike action (28/09/2011)

28th September 2011

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Yesterday’s ruling by the Supreme Court of Appeal (SCA) that trade unions can be held liable for damage caused by their members during violent strikes vindicates the Private Member’s Bill I initiated to do just that. It is an incredibly important development as it suggests that the Gatherings Act can already be used to hold unions liable for strike violence.

The ruling is likely to be challenged in the Constitutional Court. I will therefore continue pushing for my legislative proposal to be adopted until every possible appeal against yesterday’s SCA ruling has been defeated.

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It is unfortunate that the ANC in Parliament continues to block the passage of this Private Member’s Bill.

As the ruling indicates, unions should be held liable for damage during strike actions in terms of the Gatherings Act. We believe this should be codified in our labour laws too. The time has come for the Committee on Private Member’s Legislative Proposals and Special Petitions to seriously consider my proposal.

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