Pretoria - The Gauteng Health Department has interdicted four public sector unions and non-unionised members from acts of violence and intimidation against its staff members who are not involved in strike action regarding the government’s 3% salary increase offer.
Gauteng Health lodged an application in the Labour Court against Nehawu, the Public Servants Association, National Union of Public Service & Allied Workers, Hospersa and Denosa after they were part of a national day of action on Tuesday.
Gauteng Health spokesperson Motalatale Modiba said his department obtained the court interdict to prevent their members from obstructing the rendering of health services to patients.
The interim interdict is applicable with immediate effect and prevents striking public servants from assaulting, threatening, intimidating, and inciting violence with respect to any employees or staff members across provincial health facilities.
It also prohibits the protesters from destroying or damaging any property or preventing free movement or access to health care facilities of any of the department’s offices.
Detailing reasons for obtaining the interdict, Modiba said that on Tuesday, the provision of health services in some parts of the province, particularity at Sebokeng Hospital in Sedibeng and Chris Hani Baragwanath Academic Hospital in Johannesburg health districts, were impacted due to the national public service protest action.
He said at Baragwanath Hospital, the protest action had resulted in the cancellation of all elective surgeries planned for that day, and only one emergency theatre was operational.
“The hospital also worked with minimal staff in critical areas including maternity, theatres, Intensive Care Unit and the Emergency Department. Sebokeng Hospital also operated with skeleton staff after nurses and doctors, as well as administrative staff, were prevented from entering the facility by the protesters.”
He said Gauteng Emergency Medical Services personnel who were on standby had to transport patients with emergencies to alternative facilities.
Modiba, however, said that the situation improved later in the afternoon, but the department was continuing to monitor the impact of the protest on facilities.
“The SAPS has been ordered to assist the department where necessary to enforce the interim order, which will remain in effect pending the court return date of March 1, 2023.”
One of the affected unions, Nehawu, distanced itself from any allegations of intimidation or assault at the medical facilities.
Nehawu provincial secretary Mzikayise Tshontshi said his union was going to comply with the interdict despite not being served with papers ahead of the court application.
The court granted the interdict in the full knowledge that the affected parties were not informed prior to the application. It said the department’s non-compliance with the rules related to service and time periods and dealing with the application was one of urgency in terms of the rules of the Labour Court and it was condoned.
“We heard about the notice in the media on Tuesday and only received the papers today. We are studying the content of the order and also referred the matter to our legal representatives for advice,” Tshontshi said.
He, however, said his members were never involved in a strike action despite having received a certificate to strike on November 1.
Pretoria News