A report handed to Makana Municipality alleges that three municipal employees were involved in the trashing and offloading of rubbish outside public and private buildings during a strike four months ago.
A report handed to Makana Municipality alleges that three municipal employees were involved in the trashing and offloading of rubbish outside public and private buildings during a strike four months ago.
Members of the South African Municipal Workers’ Union (Samwu) took to the streets in April this year on a national strike overturning rubbish bins around the city centre near municipal buildings. The strike followed the failure of the South African Local Government Association (Salga) to implement an agreed job evaluation system and review the disciplinary code with workers.
The complaint from Advocate Jock McConnachie focuses on three employees he calls “trashers in chief ” whom he believes were involved in most of the incidents.
In his email correspondence with Municipal Manager Ntombi Baart, McConnachie attached a photograph that shows the "three individuals leaving an offloading area of a local business with boxes collected from the premises.”He went on to write that they hurled obscenities at him when they saw him taking photographs of them.
They then “proceeded to continue to collect whatever refuse they could lay their hands in which was used for the trashing in full view of your municipal traffic officials and members of the SAPF who were present at the scene”.
McConnachie also said that the traffic officers did nothing to discourage or restrain the strikers’ behaviour and that the SAPF also failed to arrest strikers where illegal activities were taking place.
In an email response, Baart indicated that “if any worker is engaged in unlawful action during a strike, a criminal case can be instituted against the party concerned by those who have witnessed the incident”.
She said the municipality could also take disciplinary action against staff members involved in offences such as intimidation, assault and damage to property.
Baart stated that the municipality does not condone misconduct by any of its employees and that the Samwu strike was protected and legal and in accordance with the relevant provision of the Labour Relations Act of 1995.
"Where there has been a breach of the code of conduct, those would be investigated and action be taken with regard to the course of action."
Baart has referred the matter to Director of Corporate Services Thabiso Klaas and a formal investigation will be instituted where statements from all parties concerned both internally and externally will be taken.
The allegations of insults directed at McConnachie will also be formally investigated. According to the report, concerns of public safety and crowd control during the strike were raised with senior management of the SAPF.
"Regarding the traffic officials not taking action against the strikers, the traffic officials are appointed in terms of Road Traffic Act, and are not competent to effect arrests not related to traffic violations,”the report read.
