The labour court has allowed an interdict issued against the National Education Health and Allied Workers Union (Nehawu) strike on Saturday to stand, despite Nehawu applying for leave to appeal. 

On Monday, the department of public service and administration, together with the acting minister, Thulas Nxesi approached the court asking for an order that would allow the interdict to stand. 

The court agreed and granted leave to execute the order issued, which interdicted the strike, meaning the  Nehawu strike action is still interdicted.

Labour court judge, André van Niekerk said the department stated that the strike will affect all public services, including education, health, police, home affairs, social development and correctional services. 

“In relation to the harm that will be suffered by those employees who choose not to strike, the applicant expresses its concern that access to buildings will be impeded. 

“Indeed, in the replying affidavit, the applicant records that the union commenced a strike on the night of March 5, barricading entrances to the department’s premises, preventing security officers from entering the premises and also reports of burning tyres, barricades and faeces at the entrances of the department of education in Kimberley and Leratong Hospital in the West rand,“ van Niekerk said. 

The department’s director-general Yoliswa Makhasi said the court’s decision is enforcing the decision that was taken on Saturday.

“So the strike is indeed interdicted and Nehawu will not be allowed to go on the strike because they had noticed that it is an indefinite strike. We are in communication with the relevant agencies to share the decision of court so that they can monitor the strike,” she said.

This is after Nehawu applied for leave to appeal the labour court order delivered on Saturday, interdicting their intended strike.

On Saturday the court ordered that the strike notice issued by Nehawu is set aside and interdicted the intended strike action, picket or any other form of industrial action planned by Nehawu to commence on March 6 2023.

The DPSA had approached the court to have the order of Saturday stand and also applied for leave to execute the labour court order. 

Services at some government offices came to a halt on Monday as the union members forged ahead with the strike despite the labour court ruling. 

Public service workers are demanding a 10% salary increase. 

Makhazi said Nehawu’s leave to appeal Saturday’s court order will proceed separately.

“Nehawu has appealed the decision that was taken on Saturday. What we sought to do today was to get that decision enforced and the judge has agreed to enforce that decision, however, the appeal of Nehawu continues, it will proceed separately but the interdict will stay in place while that happens. So until there is a decision on the appeal of Nehawu, the interdict stay in place,” she said.

The acting minister of public service and administration, Thulas Nxesi said they expect people to come back to work as the strike is interdicted.

“We appeal to the leadership that they should not engage in areas which might be costly to them and the unions, where we would have to litigate the unions. It’s a request that the leadership should abide by the decision of the court,” he said.

He said unions in the majority are in the negotiations and warned that if an agreement is reached with the majority it will be implemented.

“That is why we are appealing to those who are outside to come back to the negotiations with or without the strike but they must come back into the negotiations,” Nxesi said.

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