Attorney threatens police with contempt of court charges
“There has been no compliance with the Labour Relations Act which would lead to any conclusion that the strike could be protected in terms of legislation,” he says.
Local attorney Andre Brandmuller, who obtained an interdict against striking municipal employees alongside SG Coal, has requested that charges of contempt of the court order of September 6 2022, be investigated by the SAPS station commander, arising from events that occurred at the civic centre on Wednesday, when Mayor Mhlonishwa Masilela was frogmarched from the municipality by employees refusing to work with the mayor in the building.
Mr Brandmuller says that the conduct of the employees, in refusing to work, “constitutes a strike as defined in the Labour Relations Act”.
The court order granted by the High Court expressly prevents any unlawful and unprotected strike action from taking place.
“There has been no compliance with the Labour Relations Act which would lead to any conclusion that the strike could be protected in terms of legislation,” he says.
Under the circumstances, Mr Brandmuller has called on the local SAPS to enforce the order against unruly employees who have participated in this unlawful and unprotected action by bringing them before court on contempt charges.
In the event that the SAPS is not prepared to do so, Mr Brandmuller has indicated that he would bring an application to the High Court to hold the SAPS in contempt.
Video footage of Mayor Masilela being escorted from the municipal building has been widely circulated.
A number of cheering employees can be identified on the footage.
Municipal employees are, however, at work.
They say they will continue to work if the mayor and former Acting Municipal Manager, Ms Thokozile Zulu, keep their distance from municipal offices, until council can vote on a motion of no confidence in regards to the mayor, and possible suspension of Ms Zulu pending an investigation into mismanagement.
