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Employers must hold EFF liable for any damages during shutdown – Solidarity

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Employers must hold EFF liable for any damages during shutdown – Solidarity

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16th March 2023

By: Sane Dhlamini
Creamer Media Senior Contributing Editor and Researcher

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Solidarity CEO Dr Dirk Hermann has instructed over 1 200 companies to show up for work in defiance of Economic Freedom Fighters (EFF) leader Julius Malema’s call for a national shutdown.

Hermann said the country cannot afford to lose a day’s worth of economic activity as it will further threaten jobs.

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The EFF has organised a national shutdown to voice its concerns on energy issues and is also calling for President Cyril Ramaphosa to step down.

Solidarity also encourages employers to hold Malema and the EFF civilly liable for any damages caused during the EFF’s planned shutdown.

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Hermann cited case law to argue that it would be possible to demonstrate a direct causality between Malema’s incitement to violence and any violence that occurs.

He further stated that one damages claim could bankrupt Malema and the EFF.

The African National Congress (ANC) has labelled the shutdown as an attempt at an insurrection while the Western Cape has approached the courts for an interdict.

According to Hermann, Solidarity members have a contractual duty to work and the employer has a duty to provide work.

“Our members will not be intimidated by a clown in a red overall who huffs and puffs and who is rejected by 90% of South Africans. Solidarity members will, like many other South Africans, work in their thousands. The only way for the EFF to be successful is to incite fear. This they do by having their threats expressed in the media and by circulating threatening messages. Every employer who closes as a result of vague threats, feeds the EFF’s fear tactics and is complicit in the disruption on the day,” Hermann said.

Solidarity expects real risk to be monitored according to occupational safety legislation.

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