You would probably answer that such a demand would be impossible, ludicrous, inappropriate, in breach of the LRA and so on. You would say that it is not the role of a political party to interfere in domestic employment matters and the employer should decline to both discuss the issue with the political party and should not give it access to its premises.

In South Africa, some employees have complained to political parties about their problems at the workplace and about the poor quality of service provided by certain Unions.

The Economic Freedom Fighters (“the EFF”) in response to this perceived vacuum at the workplace and because it does not have a significant relationship with a Union saw an opportunity and on occasions has elected to take over Union functions.

The EFF accordingly set up a labour desk and sought to engage with employers. As a consequence of there being fundamental flaws in the Labour Relations Act, employers have had to deal with majority and minority Unions, challenges by and between competing Unions,
generally a proliferation of Unions and now a political party.

It appears that very little attention was given to the provisions of the Labour Relations Act by the EFF in respect of its participation at the workplace.

It, therefore, became inevitable that an employer would respond to the EFF’s efforts to enter the workplace by referring complaints to the Labour Court.

Case in Point

In Brightstone Trading 3 CC t/a Gordon Road Spar v Economic Freedom Fighters and Others ILJ (2021) 42 page 1953 in summary the facts were as follows:-

• An aggrieved employee of the Spar sought the assistance of the EFF;
• The local regional secretary of the EFF addressed a letter to the Company setting out several demands relating to working conditions;
• The EFF requested a meeting with management and arrogantly recorded that it would not accept any objection on the basis that it should not represent its members and the workers;
• Members of the EFF then entered the premises and engaged in intimidation which included threatening staff and customers and barricading the store;
• On a second occasion, the EFF engaged in a violent protest. The Spar approached the Labour Court for an interdict prohibiting violent and unlawful conduct;
• On two occasions the customers fled the store and on the second occasion the store closed for the safety of the public and the employees of the Spar;
• Evidence was given that an official of the EFF indicated that its members would burn down the Spar;
• At the hearing the EFF attempted to deny responsibility on the basis that it had not authorized the protestors to act on its behalf;
• The Spar relied on the concept of ostensible authority (not direct authority) to prove its case and the Labour Court found that it had proven its case;
• The Labour Court found that:-
  • the EFF had to hold its members accountable when the members acted in breach of the EFF constitution;
  • The Company was entitled to expect the EFF to not become involved in employment matters and that its employees should comply with the provisions of the LRA;
• The EFF was interdicted from carrying out the unlawful action and costs were awarded against the EFF.

This judgment of the Labour Court accords with the earlier judgments in Calgan Lounge (Pty) Ltd v NUFAWUSA & Others (2019) 40 ILJ 342 (LC) and Langplaas Boerdery CC & Others v Matshini & Others (2021) 42 ILJ 1210 (LC). In those judgments, the Labour Court held explicitly that the EFF (or any other political party) had no business engaging in workplace issues.

Conclusion

Employers should not engage with political parties on domestic industrial relations issues.

Employers should refer them to the LRA which indicates that registered Unions should deal with industrial relations issues.

Employees should be advised that political parties are not entitled to assume the functions of Unions.

Where a political party attempts to “bully” an employer in relation to dealing with it, you should consult us in order to obtain advice. Often a strong letter sent to the political party solves the problem.

It is to be hoped that the EFF now accepts that it should not become involved in domestic industrial relations matters.