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The SA Commercial, Catering and Allied Workers Union (Saccawu) has threatened to take legal action against the Ekurhuleni and Tshwane municipalities for their alleged interference on the picket line.
The union claims that Makro and metro police are hindering picketing workers from demonstrating outside Makro stores in Wonderboom, Centurion, Woodmead, Silver Lakes and Alberton.
It further asserts that it has met all legal requirements for gathering outside the premises of Makro in advance by submitting an application to have members of the public and sympathetic organisations support striking workers in their demands.
The union embarked on a 10-day protest action last month, after wage negotiations deadlocked.
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“They have seen it fit to prohibit the pickets in three stores without giving any tangible reason. We as Saccawu view this as a deliberate attempt to squash what is deemed a lawful and protected strike so that it does not have an impact on Makro,” said Saccawu's spokesperson Sithembele Tshwete.
Tshwete added that Saccawu instructed its lawyers to write to the Ekurhuleni and Tshwane municipalities so that striking workers were allowed to protest without interference from the metro police.
Meanwhile, Massmart denies any involvement in the police presence outside Makro stores.
Massmart spokesperson Brian Leroni told City Press:
Leroni adds that private citizens and organisations do not instruct law enforcement, and Makro specifically has not instructed law enforcement to be present at its stores.
‘Saccawu would be in contempt of a court order should they picket in public spaces’
“Makro and Saccawu have agreed to picketing rules that have subsequently been upheld by the Labour Court. Central to the agreed rules is that picketing is confined to demarcated areas within the Makro store parking areas,” said Leroni.
He claimed that Saccawu attempted to evade the picketing rules by seeking permission from the municipalities to picket in public areas outside the stores.
On the contrary, the union believes that section 69 of the Labour Relations Act does afford Saccawu the right to hold the gatherings outside the premises of Makro.
“Saccawu is calling upon the police not to be pawns that are used by Makro management in prohibiting what is deemed a protected and peaceful strike by Makro workers,” said Tshwete.
Tshwete added that Makro has seen a significant decrease and service excellence and refusal of suppliers to stock their shelves due to the ongoing peaceful strike. This is the reason they are now using the police who are not tuned to managing labour dispute gatherings to prohibit lawful pickets.
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Meanwhile, City of Ekurhuleni spokesperson Zweli Dlamini confirmed to City Press that the union did apply for a peaceful demonstration on January 20 and was scheduled to take place at Makro Carnival, Brakpan, from January 27 to February 7. He added that approximately 300 people would be involved in the protest action.
“The application was approved and the Ekurhuleni metro police were deployed as this was applied for in terms of section 205 of the Gatherings Act, the law enforcement officials to maintain law and order are EMPD and SAPS Public Order Police,” Dlamini said.
Tshwane metro police spokesperson Isaac Mahamba could not confirm the application to picket by the time the story went to publication.
