Council deregisters union
Action taken over illegal strikes, records
THE TRADE union that led City of Johannesburg firefighters to illegal strike action has had its wings clipped by the SA Local Government Bargaining Council (SALGBC) by being deregistered.
SA Federation of Trade Unions (Saftu) affiliate the Democratic Municipal and Allied Workers’ Union of SA (Demawusa) will no longer have organisational rights, and deduction of subscriptions from its members will be stopped.
The SALGBC warned municipalities to stop dealing with Demawusa after it was deregistered last month by the Department of Labour’s registrar of labour relations, Lehlohonolo Molefe.
In December, the City of Johannesburg fired 202 firefighters after embarking on an illegal strike for demanding escorts by metro police officers when responding to emergencies.
Last year, Demawusa also led its members working at Metrobus on a strike that left thousands of Joburg commuters stranded.
In a letter sent to municipal managers of the country’s 257 municipalities, human resource directors and employees last Friday, SALGBC general secretary Bill Govender said Demawusa’s organisational rights should be immediately terminated.
“Please note that section 106(3) of the Labour Relations Act provides that all rights previously held by a registered trade union are terminated once the trade union has been deregistered,” reads the circular from Govender.
It was also sent to the two recognised unions, the SA Municipal Workers’ Union (Samwu) and the Independent Municipal and Allied Trade Union, as well as the representative organisation of employers, the SA Local Government Association.
Municipalities have also been instructed to nullify the status of Demawusa’s shop stewards and ensure that they should not be allowed any time off after the nullification.
Molefe deregistered Demawusa on January 30 for the union’s failure to comply with sections 99 and 100 of the act, and failing to abide by the guidelines for balloting regarding members having a secret ballot before embarking on a strike.
The act’s sections 99 and 100 state that trade unions have a duty to keep records and to provide information to Molefe. Unions must keep a list of their members and minutes of their meetings for three years from the end of every financial year, as well as the ballot papers for a period of three years from the date of every ballot.
The SALGBC has also warned municipalities that it has briefed its attorneys to challenge recognition agreements they enter with unrecognised minority trade unions such as another Saftu affiliate, the Municipal and Allied Trade Union of SA (Matusa).
Both Demawusa and Matusa were formed by leaders expelled from Cosatu affiliate Samwu during the union’s leadership squabbles.