Ruling paves way for R100 000 claim

2012-06-13 22:22
A Constitutional Court ruling holding trade union Satawu liable for a riot damage claim has been hailed by Cape Town Mayor Patricia de Lille. (File, Sapa)

A Constitutional Court ruling holding trade union Satawu liable for a riot damage claim has been hailed by Cape Town Mayor Patricia de Lille. (File, Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - A Constitutional Court ruling on Wednesday holding trade union Satawu liable for a riot damage claim was hailed by Cape Town Mayor Patricia de Lille.

"While we respect the right of any organisation to organise legal strike action and to assemble, these rights must be balanced against the rights of ordinary citizens, who should not to be unduly prejudiced by the exercise of this right."

In a statement, De Lille said the implication of the ruling against the SA Transport and Allied Workers' Union (Satawu) was that organisers would be obliged to take steps to prevent destructive conduct.

"The decision will further afford effective legal recourse to victims if a gathering becomes destructive and results in injury, loss of property or life."

The ruling also paved the way for the city to formally pursue a damages claim against the SA Municipal Workers' Union. Damage in the region of R100 000 were recorded during its strike in August 2011.

Earlier on Wednesday the Democratic Alliance called the ruling a massive victory.

"For too long, Cosatu [the Congress of SA Trade Unions] and its affiliates have been allowed to engage in violent and chaotic strikes without any repercussions," DA MP Ian Ollis said in a statement.

The ruling would force the unions to keep better discipline at marches, pickets and strikes.

"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," Ollis said.

The court ruled that the Satawu was responsible for damages caused during a march by security guards in Cape Town in May 2006. It found the Regulation of Gatherings Act afforded victims effective recourse when a gathering became destructive and resulted in injury, loss of property, or life.

"The organisations are intimately involved in the planning, supervision, and execution of the gathering, but the potential victims are not," Chief Justice Mogoeng Mogoeng said in the ruling.

"Because of this, the organisations would be in a better position than innocent victims to identify individuals or institutions which caused the damage."

He said the union had the opportunity of a "soft landing" if it could track down those responsible for the damage caused during the protest and recoup its loss from them.

The union appealed twice against the decision and was turned down on both occasions.

- SAPA
Read more on:    cosatu  |  da  |  satawu  |  ian ollis  |  patricia de lille  |  mogoeng mogoeng  |  cape town  |  strikes
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
5 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

Summer Survey!
Great ideas for the best summer sandwiches!
Christmas lingerie to make this festive season the best one ever!
13 things you might not know about Disneyland

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

The energy today is serious, materialistic and hardworking. You may find you get a new outlook on things and you may want to spend...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.