R317 million lawsuit over damages during protest action at Umbhaba
Umbhaba Estates is holding the minister of police and the Food and Allied Workers Union (Fawu) liable for damages amounting to over R317 million that occurred during protest action and riots in and around their property in 2015 and 2016.
TENBOSCH – An amendment to the application of Umbhaba Estates’ pending action against the minister of police and Food and Allied Workers Union (Fawu) was recently granted in the Pretoria High Court after a hearing on June 11.
Umbhaba Estates is holding the two parties liable for damages amounting to over R317 million that occurred during protest action and riots in and around their property in 2015 and 2016.
READ: EFF supporters get violent during protest at Umbhaba Estates
Judge RG Tolmay ruled in a judgement on June 27 that an amendment to substitute wording in the application (“industrial/strike action” with “protest action” and “strikers” with “protesters”) be granted and the costs of the application be paid by Fawu, who opposed the amendment.
“Damages claimed from the minister relate to the inaction of police to take steps to prevent to the applicant’s farming during a four-month period of protests and riots. As far as Fawu is concerned, these damages are claimed in delict, for both direct and consequential loss arising from protest action. As an alternative, liability is claimed in terms of Sec 11(3) of the Regulation of Gatherings Act, 2005,” the judgement read.
The over R300 million in damages mainly occurred during severe protest action on Umbhaba Estates’ farm near Hectorspruit between November 4, 2015 and February 26, 2016.
Workers reportedly downed tools after Umbhaba allegedly refused them permission to join a trade union of their choice. This claim was refuted by Umbhaba CEO Roy Plath, who said they were not against workers joining any trade union that was willing to undergo proper verification in accordance with the Labour Relations Act.
Following the protest action and disciplinary proceedings, 276 workers were dismissed, which sparked several more protest actions over the past three years, including a Cosatu march attended by Cyril Ramaphosa in May 2017.
READ: Cosatu and Ramaphosa join forces with former Umbhaba workers
The protests started on November 4, with workers and Fawu members gathering at Umbhaba’s Hectorspruit Farm and preventing employees from going to work. One employee was chased down and assaulted, while others were forced to get out of their transport and join the strike.
Over the following few weeks, the protest action escalated to include the Tenbosch public road being barricaded with debris, the farm’s gates and access roads blocked, workers being intimidated at their homes, assaulted or kept from work, gates being broken down and the banana orchards and nearby compound being set on fire.
On November 2, an interim order was granted in the Johannesburg Labour Court against Fawu, who had to take steps to ensure protest action did not lead to intimidation or violence against Umbhaba employees.
Six days later, Umhaba and Fawu agreed on picketing rules with a written agreement, but the violence, rather than peaceful picketing, prevailed.
READ: Mjejane beneficiaries peacefully march to petition for ConCourt’s aid
On November 10, a mandatory interdict was granted in the High Court to order that SAPS deploy their Public Order Policing Unit to prevent and combat any further acts of intimidation, violence and damages.
In the court documents, Umbhaba stated that the SAPS failed to comply.
By November 23, “there was a severe threat to the lives of the workers if they failed to join the strike”, the court documents stated.
On December 10, a final order was issued against Fawu.
In the court documents, Umbhaba stated that police failed to prevent and combat the violent acts of the protesters, which resulted in the severe damages and loss of production.
Fawu was also slammed for not adhering to the picketing agreement or court orders and allowing the damage and violent protest action to continue unchecked.
The damages Umbhaba are suing for comprise the following
• Property, like compound housing, fences, vehicles and pack houses – R966 000
• Banana orchards, nursery and packhouse – R2,3 million
• Produce bananas and production losses – Around R75 million
• Estimated loss of market share (March 2015 to June 2018) – R142 million and (June 2018 to June 2020) – R50 million.
