National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others

The first appellant, the National Union of Metal Workers of South Africa (NUMSA), a registered trade union, represented employees of the respondent companies at their KwaZulu-Natal plants. Following an unresolved labour dispute referred to the CCMA, NUMSA embarked on a protected strike and authorised a picket in terms of s 69 of the Labour Relations Act 66 of 1995 (LRA). During the picket in August–September 2012, incidents of violence allegedly occurred, causing damage to property. The respondents sued NUMSA and others in the High Court for damages and security costs, characterising the losses as ‘riot damage’ under s 11 of the Regulation of Gatherings Act 205 of 1993. NUMSA contended that an authorised picket under the LRA is not a ‘gathering’ under the Gatherings Act, that the Gatherings Act was inapplicable, and that any claims lay within the exclusive jurisdiction of the Labour Court under the LRA.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order declaring that an authorised picket in terms of s 69(1) of the Labour Relations Act is not a gathering to which s 11 of the Regulation of Gatherings Act applies, and directing the plaintiffs to pay the costs of the separated hearing.

This judgment clarifies the relationship between the Labour Relations Act and the Regulation of Gatherings Act, confirming that strike-related pickets authorised under the LRA fall exclusively within the labour-law framework. It reinforces the specialised jurisdiction of the Labour Court and prevents the imposition of broader delictual liability under the Gatherings Act on trade unions for conduct arising from protected strikes.