A DIFFERENT PERSPECTIVE

Sir,
 
What a pity that public sector  associations (PSAs) have managed to shoot themselves in the foot and in so doing, have possibly let down the members they represent, having handed the initiative back to government.

In the writer’s opinion, the PSAs have a justifiable complaint with regard to the non-payment of CoLA and as importantly, proper legal procedure had been followed. It was all going so well.

The PSAs have been very patient for 18 months, while government continues to exercise double standards (the indefinite suspension of Finance Circular No. 3 by the minister of Finance) and continued to use various delaying tactics. Critically, the proposed strike action had been deemed to be lawful by the courts, a very powerful ally to have on your side. Unfortunately, in their enthusiasm to progress matters, somebody in the PSA hierarchy failed to read the small print contained in Section 25(1) of the 2005 Constitution.

It reminded me very much of the one year strike in the United Kingdom by the National Union of Mineworkers in 1984-85, involving major industrial action by the coal industry, whose members’ livelihood was destroyed by the Conservative government. A government that viewed coal as an unviable source of energy for industry and therefore, wanted to shut down the mining industry, putting thousands of jobs at risk. Public support was with the miners, until peaceful protest turned into running battles with the police. The media had a field day because a photograph can paint a thousand words.

Portrays

It portrays the picture you want to give and the end result was that the miners lost public support and the political battle; mining families were divided and the majority of mining communities destroyed. The writer was not present at either of the strike days in Mbabane or Manzini so, cannot say with any conviction, which side started the violence. As is often the case, the truth probably lies somewhere in the middle but, that is not the point.  Section 25(1) makes it very clear – “A person has the right to freedom of peaceful assembly and association.”

By actively engaging with the police; by throwing stones and starting fires; by vandalising cars; by allegedly threatening teachers who had exercised their right not to strike, the PSAs have now lost the moral high ground. The message from PSAs to their members should have been clear and unambiguous, before the start of the strike action. Whatever the level of perceived provocation and intimidation, you must turn the other cheek (Matthew 5) and continue to act in a peaceful manner to retain public support.

The end result is that the PSAs’ actions are now being interpreted by government as being contrary to ‘public safety’ and ‘public order’ under Section 25(3)(a) of the Constitution and government has now invoked Section 89(1) of the Industrial Relations Act 2000, arguing that the strikes have threatened the national interest and good public order.

The Industrial Court has listened sympathetically to government’s request for an interdict. The PSAs may decide to oppose the application to prevent the strikes continuing but they are now in danger of losing public support. So, having been a union representative myself in a previous life, my advice to PSAs is to sit down with your legal representative soonest and totally re-think your strategy to achieve your end goal through peaceful means, before it is too late.

Mike Drew

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