Johannesburg Roads Agency (SOC) Limited v South African Municipal Workers Union (SAMWU) and Others

A dispute arose between Johannesburg Roads Agency (JRA) and its employees, represented by SAMWU, regarding 'historical pay progression'. On 5 April 2019, employees left their workplaces and gathered at JRA’s offices, where acts of disruption and damage to property occurred. The employees returned to work later that afternoon after management addressed them. JRA alleged this conduct constituted an unprotected strike and obtained an urgent interim interdict (rule nisi) on 12 April 2019 restraining further strike action. The respondents opposed confirmation of the rule nisi, contending that no strike took place and that they were merely awaiting feedback from the employer.

The rule nisi issued on 12 April 2019 was confirmed. SAMWU was ordered to pay the costs of the proceedings, including costs relating to the postponement on 6 June 2019.

The case reinforces a strict interpretation of what constitutes a strike under the Labour Relations Act and confirms that even short periods of concerted work stoppage qualify. It underscores that violent or destructive conduct cannot be justified by the constitutional right to strike and affirms the Labour Court’s willingness to grant and confirm urgent interdicts against unprotected strikes. The judgment also clarifies procedural flexibility in citing employees for interim interdictory relief.