Unions liable for damages during strikes

A landmark judgment in the Supreme Court of Appeal has found that trade unions can now be held liable for damages caused by workers during strike action after Justice Mahomed Navsa wrote in his judgment that the majority of the population "cannot be subjected to tyranny by the mob."

A full bench of five judges upheld a decision by the Western Cape High Court that ruled in favour of eight people - including traders whose stalls were looted and motorists whose vehicles were damaged - who suffered damages during a strike by the South African Transport and Allied Workers' Union in Cape Town in 2006.

The group are now claiming R70 000 from the union.

Advocate Anton Katz SC has welcomed the ruling saying it would have "major implications" for unions as people could now claim damages if their property was damaged or their shops looted during strike action.

Judge Navsa ruled that the Regulation of Gatherings Act "was designed to ensure that public protests and demonstrations are confined within legally recognised limits with due regard for the rights of others."

The ruling clarifies that unions can be held liable for damages if members turn riotous during union-organised protests.

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