18-07-2025
Labour court orders MK Party to stop participating in unlawful strike
MK party restrained from participating in an unlawful strike
Image: Supplied
The Cape Town Labour Court has restrained and interdicted the uMkhonto weSizwe Party (MKP) from participating in or promoting an unlawful strike against Boomerang Fruits (PTY) LTD, a Cape Town agricultural business, which had failed to pay overtime wages to its employees.
Boomerang Fruits approached the court seeking an order to restrain and interdict the party and some of its employees from engaging in any actions of threats and intimidation against its management and employees.
The company further sought an order declaring the strike by its workers unlawful and unprotected. Additionally, it sought an order to restrain the MKP from promoting or participating in the unprotected strike.
The party was also ordered to pay half of Boomerang's legal costs.
The MKP opposed the order sought by Boomerang Fruits, and the second responded that some of its employees did not oppose it.
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On April 25, 2025, Boomerang Fruits did not pay three hours of overtime to approximately 35 packhouse staff at the correct hourly rate. The incorrect payments involved were between R120 and R176 per person.
This problem came to management's attention around 5pm, and the packhouse manager addressed the staff on the staff bus and advised them that it would be solved.
The following day, no employees showed up for work, and Boomerang received information that some staff had prevented the arranged transport from collecting workers for work. There was also a picket held by some employees in Elgin.
The manager of Boomerang, S Ganya, spoke to some of the picketers to find out why they were not at work. However, he was told that the workers were striking for the MKP union due to unpaid wages.
Ganya was also given the contact details of an MKP councillor, Gana.
In its affidavit, the MKP claimed that several community members had approached Gana on April 25 to complain about the company's failure to pay its wages.
'He advised them to follow relevant procedures, including approaching the police,' the party said.
Additionally, Gana claimed that police contacted representatives of Boomerang, who refused to attend a meeting to resolve the matter. This resulted in employees not reporting for work on April 26.
The party further claimed that it tried to calm the employees and advised them to return to work. It denied organising the picket and claimed that it only advised the employees.
However, Boomerang denied that police contacted them regarding the complaint over unpaid wages.
Moreover, Ganya alleged that he was contacted by Gana, who advised him that the MKP's labour desk was representing the employees.
The MKP disputed this and said its labour desk is mainly there to serve the local community and provide them with guidance, adding that its labour desk was not a trade union.
Moreover, Judge R Lagrange said it was a common course that the company resolved the issue of payments and communicated with workers via WhatsApp on April 29 and asked them to report back to work.
On the same day, a post on MKP's social media stated that the Boomerang workers were on strike over abuse, workers forced to drink from toilets, and exploitation. The workers did not report to work.
According to Judge Lagrange, the MKP failed to prove that its role was merely to advise workers.
'Its conduct once the unprotected strike was under way entailed supporting and representing the strikers in pursuit of their demands, and aggressively and publicly denigrating Boomerang and its management,' the judge said.
