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DA: Statement by Ian Ollis, Democratic Alliance Shadow Minister of Transport, on ConCourt ruling advancing COSATU accountability (13/06/2012)

13th June 2012

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The Constitutional Court today ruled that the South African Transport and Allied Workers Union (SATAWU), a COSATU-affiliated union, is to be held liable for damage done to public and private property during a 2006 SATAWU strike in Cape Town. SATAWU have twice appealed this decision and on both occasions their appeals have been struck down.

The decision by the Constitutional Court is now final and SATAWU will have to reimburse the people of Cape Town for the damage to public and private property that occurred during the strike.

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This is a massive victory and will help to hold COSATU to account for their actions. For too long, COSATU and its affiliates have been allowed to engage in violent and chaotic strikes without any repercussions. This ruling sets a precedent that will force them to keep better discipline at marches, pickets and strikes.

It is also a vindication of the Private Members Bill I have proposed and fought for in Parliament over the last two years. The legislation I proposed would aim to hold all unions liable for damage to property during strikes, marches or pickets; which is exactly what the Constitutional Court has ruled in favour of today.

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I will therefore consult with labour law experts to determine what the best path forward is for the adoption of my Private Members Bill.

The Democratic Alliance (DA) would want the ruling made today to apply to any and all cases of violent strikes that resulted in damage to property. I will therefore continue pushing for an amendment to the Labour Relations Act to explicitly hold unions liable for damage during strikes in any and all cases. This ruling must be written into the letter of the law to stop the practice of violent, chaotic and disorganised strikes once and for all.

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