Msukaligwa Local Municipality terminated the contract of employment of 200 employees in all its departments for unlawfully and intentionally behaving in an unbecoming manner and for failing to assume duties when instructed to do so.
According to the municipality, the employees’ actions and behaviour were in violation of the Labour Relations Act of 1995.
In October, municipal employees downed tools over a task grade dispute, protective clothing, allowances and office space, which also saw certain parts Ermelo and Wesselton go without electricity for days.
According to the municipality, they have positively responded to employees’ demands and are currently in a process to finalise the task-grading process.
On 27 October, the municipality successfully applied for an interim court order from the Labour Court, informing employees not to participate in an illegal strike. Municipal management did not enforce the order to allow for talks between itself and the union, South African Municipal Workers Union (Samwu).
Last Wednesday, the employees were at it again. They downed tools and locked the entrance to the Civic Centre, thereby disrupting normal day-to-day activities, including closure of the licensing department and power outages that lasted for four days in many parts of Ermelo.
Msukaligwa Local Municipality activated the order together with a notice of its intention to dismiss or terminate the contract of employment. The union and its members were given 24 hours to show cause why the employment of members affiliated to Samwu should not be terminated.
By Friday no submissions had been received and on Monday the municipality dismissed 200 employees.
With the dismissals, the municipal staff complement has been reduced to 343 excluding contract workers. In the meantime, contractors have been appointed to carry out service delivery.
Among affected parties by the four-day power outages were business people. President of the Ermelo Business Association (EBA), Mr Athol Stark, said Ermelo was in crisis with the illegal strike and subsequent sabotage of the electrical network, which plunged the town into chaos for four days.
Damages and losses to businesses during the power outage, including diesel costs, are estimated at millions of rands.
Last Sunday, a Joint Operational Committee (JOC) was established with the blessing of the Executive Mayor, Cllr M.S. Nkosi, and the Provincial Commissioner, Lt Gen B.M. Zuma to restore peace and stability within the municipal area.
The JOC received support from Brig Mtungwa and the Municipal Manager, Mr S. Shongwe, and its stakeholders include EBA, Community Policing Forum and private security.
The municipality also opened a case of infrastructure sabotage last Saturday at the Ermelo Police Station and a team of high-level investigators has been assembled to deal with the case and bring the perpetrators to book.
The police appeal to anyone with information that can lead to the arrest and prosecution of the perpetrators to come forward.
Msukaligwa Local Municipality extended its unconditional apology to the communities for the inconvenience suffered during the period of unrest. They are also doing their best to ensure that areas without water and electricity are attended to.
Responding to the dismissal of its members, Samwu Mpumalanga Province condemned the municipal action, saying it was harsh, unfair, unjust and illegal.
The union went on to say the employer’s actions were not preceded by any disciplinary processes, which is contrary to the country’s labour laws.
“The municipality failed to provide its employees with Personal Protective Equipment (PPE) to allow them to fully do their jobs. In response to legitimate workers’ demands, the municipality decided to compromise service delivery in the area by dismissing over 200 workers,” read the statement.
The statement further accused the municipality of premeditated action to silence workers and liquidate the union in the municipality in fear of a robust and militant union.
Samwu called for the immediate and unconditional reinstatement of all workers, otherwise they would be left with no choice but to meet the employer in court as well as in the streets.
