23/06/2023
Publication: SWF
Author: Press Office
The Simunye Workers Forum (SWF) is delighted to have won a major victory in the Labour Court in Johannesburg yesterday (21 June, 2023).
The Simunye Workers Forum (SWF) is delighted to have won a major victory in the Labour Court in Johannesburg yesterday (21 June, 2023). SWF's appeal against the Registrar of Labour Relations' refusal to register SWF as a union succeeded. The Registrar was ordered to register the union within 14 days and pay costs.
This means that the SWF, which already functions as a union (mainly for casualised workers), will now be formally registered as a trade union with a constitution and structure that is radically different from traditional trade unions. Registration will also put a decisive end to bosses' and CCMA commissioners' constant refusal to allow SWF activists to represent SWF members in disputes and in wage negotiations.
The Registrar had refused to allow SWF to register as a trade union, claiming falsely that the SWF was too dependent on the Casual Workers Advice Office for support and this meant the SWF was not independent. The Registrar's second excuse was that because the SWF has chosen not to elect a general secretary and president every five years who can easily be corrupted, instead electing representatives far more democratically at each mass meeting, that the SWF did not qualify under the Labour Relations Act to be a union.
This incorrect reasoning has now been overturned by the Labour Court and workers' forums, which exist all over the country (also mainly organising casualised workers and farm workers), and who follow a similar model to SWF, now have the green light to register as trade unions.
Key points from the judgment (which is also attached):
The judgment brings to an end the tyranny the Department of Employment and Labour has long imposed on worker organisations seeking registration. It also marks a critical step forward for new forms of worker organisation to emerge. The SWF welcomed the judgment but served notice that the CCMA'S ongoing refusal to allow the majority of the country's workers representation at its dispute hearings will be challenged next. The CWAO also welcomed the judgment.
For comment:
Nelisiwe Mahlangu: 064 938 0755
Siza Mlambo: 076 199 3041
Precious Moyo: 067 993 4564