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The Liberated Metalworkers Union of South Africa (LIMUSA) condemns the baseless threats of Denel Land Systems and wishes to clarify Denel on legislation. The rhetoric sent out by Denel Land Systems to condemn workers from picketing is an insult to workers rights and a hard-earned democracy which many generations of workers fought for.

We have noted the communique by Denel Land Systems which was sent out to unions including LIMUSA on Friday, 20 July 2018. LIMUSA is the majority union at Denel Land Systems and shall exhaust whatever capacity at our disposal to serve the best interests of workers.

LIMUSA wishes to clarify and educate Denel Land Systems on the legislation that they claim to know and understand. However, we firstly want to emphasise that we found it complete incorrect and embarrassing that a State-Owned Entity (SOE) which operates according to the new Companies Act 71 of 2008, the PUBLIC FINANCE MANAGEMENT ACT. NO. 1 OF 1999 (PFMA) and King III, does not understand legislation. Moreover, as a business entity of the state, Denel Land Systems should echo the values and principles of our constitution.

According to the letter issued by Denel Land Systems to LIMUSA, Denel claims that according to section 69 subsection 1 of the Labour Relations Act, “(a) and (b) a trade union may embark on a picket by its members and supporters for the purposes of peacefully demonstrating in support of any protected strike or in opposition to any lockout”. LIMUSA members have been picketing during lunch time for weeks since the wage negotiations reached a deadlock and have notified the management of such action. Denel stated in the letter that if picketing is to take place within the premises of the employer, it should first seek the permission of the employer.

LIMUSA does not necessarily disagree with last statement of Denel, however, we wish to make them aware that subsection 3 of section 69 states clearly that “the permission referred to in subsection (2) (b) may not be unreasonably withheld”.

We therefore would like to educate and clarify Denel in terms of section 69 subsection 1 of the Labour Relations Act. It is a complete fallacy that this legislation only gives workers the right to picket. Denel Land Systems has completely misquoted the law of which the statement they wrote portrays their letter as an attempt to deny workers of the rights and to suppress them. Section 69 subsection 1 of the Labour Relations Act is clear that “a registered trade union may authorise a picket by its members and supporters for the purposes of peacefully demonstrating - (a) in support of any protected strike; or (b) in opposition to any lock-out”. The authority for picketing does not lie with the employer as Denel Land System state in their letter but with the trade union. This legislation does not give trade unions the right to embark on a picket with the permission of the employer as Denel stated in their letter.

We hereby wish to caution Denel Land Systems and advise the entity to withdraw from such fallacy. We further want to put it on record that workers do not exercise their right because Denel granted such a favour but because it is the right of workers enshrined in the constitution. It is even more ridiculous to condemn workers from picketing during their lunch-time.

Issued by LIMUSA