A whole economy is being held ransom by pirates. Anybody with a calculator can work out no matter what increase the Amcu pirates eventually agree on, if ever, they will never recover income lost the past five months.
Labour laws and industrial relations are designed for reasonable people that negotiate in good faith. Good faith bargaining is defined as:
The legal requirement that two parties in a collective bargaining relationship meet and negotiate at reasonable times and places, with a willingness to reach an agreement on the terms of a collective bargaining agreement.
By now we know that Amcu does not deem itself bound by any agreement and despite every dispute resolution endeavor, they simply refuse to budge.
We know very little of the untenable situation on the mines where Amcu members refuse to accept a work instruction from a senior if such senior is not an Amcu member. Serious dysfunctional stuff.
There is a photo doing the rounds with what appears to be Amcu supporters posing with the hacked off head of a security guard. Pretty disturbing. Prior to the SAPS shooting hostile strikers this guard was horrifically slaughtered.
Why am I the only one that would love to see the application of Section 36 of the Constitution of the Republic of South Africa? It quite clearly states that the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom”.
Surely a union that negotiates in bad faith, commits heinous murders and hold an entire country’s economy at ransom could be deemed to not qualify for any rights?
My proposed solution? Indemnify the employer with an act of Parliament of any legal consequence to mass dismissals and kill this so called union off. Now.
Lukas Coetsee, an independent labour law and labour relations practitioner with Dekka Consulting Cape Town