COURT STOPS ILLOVO STRIKE Industrial Court Judge Nkosinathi - TopicsExpress



          

COURT STOPS ILLOVO STRIKE Industrial Court Judge Nkosinathi Nkonyane has issued a final order stopping the violent strike action, which left massive destruction at Ubombo Sugar Company Limited. The bone of contention is the 12 percent salary increment across demanded by the workers. The management, on the other hand, is offering 7.5 percent. The strike action, which had turned nasty, entered its second week resulting in the police force being deployed to maintain peace and order. The situation saw lawyer Zweli Jele running to court for an order stopping the acts of violence. Lawyer Jele informed the court that the company (applicant) had a right to protect its assets and employees from acts of violence. As a result, the company’s lawyer was yesterday granted the following orders; a) That employees participating in the strike action be restricted to Mayaluka Stadium for the duration of the strike action, save that they may at close of business return to their places of residence. b) That in the event they wish to march around the estate, that this is done under the direction and control of the Royal Swaziland Police. c) That no striking employee be permitted to roam around the estate and/or enter any office and/or factory and/or the plantation and/or enter the fields. d) That no striking employee be allowed to picket in or around the applicant’s head office and/main factory. The Swaziland Agriculture and Plantation Workers Union (SAPWU) was represented by labour consultant Alex Fakudze. The company’s Human Resource Manager Jobe Mashwama, in his founding papers, said the parties had met to discuss the picketing rules and other issues, but no agreement had been reached in that respect. He claimed that the workers had continued to engage in acts of violence, intimidation and threatening behaviour throughout the strike action. Mashwama said acts of sabotage including the destruction of company property continued at an alarming rate, with more cane fields and other assets being damaged. “The level of violence escalated significantly, with most serious acts of violence experienced on or\Tuesday, 1st July, 2014,” he said. “At approximately 11am the striking workers approached the head office at Big Bend, running through and around the main offices. “Having resorted to engage in this conduct, they then started the violence and began to throw stones at the head office. The windows, as a result, were damaged.” “I am advised by the Royal Swaziland Police that they are stretched and cannot deploy more officers because the strike action in other parts of the sugar belt such as Tambuti as well as Ngonini in the Hhohho region. Situation at Big Bend unbearable- Police boss Big Station Commander Assistant Superintendent Aaron Zwane told the court that the situation at Ubombo Sugar Company was unbearable. Zwane in his confirmatory affidavit, said since the inception of the strike action on June 13, 2014, he had been responsible for trying to maintain law and order at Ubombo Sugar Limited. He said police had experienced difficulty in maintaining law and order because the striking workers were not confined to designated areas. Zwane explained that Ubombo Sugar was a plantation with no boundary fences and the striking employees were able to go to any part of the plantation at will. Action “This has made it impossible for the police to monitor and protect all the areas on the plantation,” he said. “As a consequence and since the inception of the strike action, there have been various cane fields that have been destroyed by arson, by unknown persons but suspected to be the striking employees. “There have also been assaults and intimidation on employees, who are not taking part in the strike action. The worst form of violence was experienced on Tuesday 1st July, 2014, when the striking workers invaded Ubombo Sugar Head Office and damaged property. “Stones were thrown at the head office, breaking windows and damaging property inside the offices. The workers have barricaded roads going in and out of Big Bend and particularly those leading towards the company’s head office.” He said the barricades were in the form of logs and stones that had been placed at various points. Zwane alleged that from the vandalism at the main offices they proceeded to burn three cane fields. Workers accept 10% salary raise By Sandile Nkambule A month long strike action that had turned violent by workers at Ubombo Sugar company, was yesterday afternoon finally ended by a 10 percent salary increase offered by Management. Jubilation was written over the faces of the workers who chanted ‘viva’ immediately after Swaziland Plantations and Allied Workers Union (SWAPAWU) Secretary General Archie Sayed, announced that they had reached an agreement on the 10 percent increment. The strike action that turned ugly on Tuesday saw about seven police officers injured and company property damaged with members of the Umbutfo Swaziland Defence Force (USDF) roped in to beef up security. The workers yesterday assembled near the company offices in the morning but the presence of the army seems to have been felt as they eventually moved to the company mill where they continued with their action. The army made it clear that no one was expected to cross a barrier line that had been erected at the entrance of the company premises. It was then that the union leaders opted to move to the sugar mill where more action continued up until before lunch time. Before the lunch hour, Sayed addressed the workers and told them that they had reached a deadlock with management in as far as the 13.5 percent was concerned. However, he said they were going back to be table during the lunch hour and would come with a feedback at 2pm after having consulted with the workers if they should accept a anything below the 13.5 percent. In an interview with the Observer on Saturday before going back to be table, Sayed mentioned that they were prepared to accept a 10 percent offer and nothing less. During the lunch break, the workers went their separate ways and regrouped just after 2pm and by then the union leaders led by Sayed had assembled outside the sugar mill gates. With all the workers eager to know the outcome of the meeting at the table, Sayed addressed the workers and told them that they had reached an agreement for a 10 percent increment with management. Whistles, shouts of ‘viva’ and blowing of vuvuzelas marked the end of the month long strike action as the workers made it clear that they accepted the 10 percent. “I thank each and everyone of you for having been patient and making sure that we come this far and I am happy to announce that management said those ready to start work in tonight’s shift, can freely do so while most of you will start work tomorrow,” Sayed said with the workers dancing in jubilation. Events that unfolded before the strike ended • Workers register their concerns through their union • Salary increment is prioritised but union reaches deadlock with management • Workers resolve to engage in an industrial action to force company to heed to their demands • Workers demand a 13.5 percent increase but management offers less • Strike continues and workers start loosing their temper • A scene reminiscent to that of Marikana is almost witnessed as sugar cane fields are burnt • Police clash with workers resulting in seven officers injured with property damaged • Police call for calm as soldiers are deployed to beef up security • Union meets at table with management while workers continue with strike and company offers 9.5 percent increment which is rejected by workers • Two more sugar cane fields are burnt while strike continues • Union goes back to table and management offers 10 percent which union agrees to • Strike finally ends and workers go back to work. observer.org.sz/news/63611-court-stops-illovo-strike.html
Posted on: Sun, 06 Jul 2014 01:56:30 +0000

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