Cape Town - Parliament on Wednesday defended calling in the public order police – stun and smoke grenades were fired for the second time since the #FeesMustFall protest three weeks ago – saying this action was necessary when National Education, Health and Allied Workers’ Union (Nehawu) protesters interrupted committee proceedings on Wednesday.
The order for police came from National Assembly Speaker Baleka Mbete and National Council of Provinces (NCOP) chairwoman Thandi Modise, in line with the 2004 Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, said Secretary to Parliament Gengezi Mgidlana.
“Under the circumstances it was quite clear members of Nehawu were moving from one committee to the next.
“Action had to be taken to secure the business of Parliament.
“Our objective is that Parliament is able to carry out its business,” Mgidlana said.
However, while police told singing Nehawu protesters they had five minutes to disperse in terms of the Act, the officer on the loudhailer said he had a letter “from the secretary” as authority.
Mgidlana’s announcement that Parliament had on Wednesday also obtained a court interdict against the work stoppage and protests on the parliamentary precinct – a day earlier it had invoked a September 2010 interdict – came as news to Nehawu.
“They haven’t told us. We’ll continue with the protest action,” said Nehawu’s parliamentary branch chairman S’thembiso Tembe.
The union and Parliament’s management were set to meet again on Wednesday night to try to resolve the dispute over performance bonuses and conditions of service, including group life cover and pension.
Both sides are blaming the other for not being truthful about the terms of the March 2015 agreement they had signed.
While Nehawu employees in Parliament are counting on the support of their national office bearers, who arrived at Parliament on Wednesday and are set to return on Thursday, Parliament’s administration appears to have drawn a line in the sand.
On Wednesday, the National Key Point Act was invoked, as was the declaration of Parliament as an essential service under the Labour Relations Act.
This effectively means striking is not allowed by anyone working at Parliament – from committee clerks, secretaries, content advisers and researchers to staff in the document and translation units and support staff, including cleaners who have not been outsourced. However, Parliament also acknowledged there was no minimum service level agreement – a possibility under the Act to exclude some workers.
Nehawu represents 981 of the 1 389 parliamentary staff, mostly white collar employees in the committee and document sections, translation units and the parliamentary protection services. It is the largest Nehawu branch in the Western Cape.
It took the intervention of the ANC, United Democratic Movement and DA to stave off further clashes after police fired volleys of stun grenades and red and green smoke grenades at Nehawu protesters sitting on the stairs of the NCOP.
Their shouts of “We work here” turned to singing the national anthem as police moved in. Sitting people were pushed by riot shields, some fell down the stairs. Protesters regrouped as did the police in a terse stand-off.
ANC deputy chief whip Doris Dlakude, DA leader Mmusi Maimane and United Democratic Movement chief whip Nqabayomzi Kwankwa each addressed the protesters in turn, saying they were talking to Parliament leadership to get the public order police to withdraw, and to the police officer in charge of the operation to broker the agreement.
Protesters gave their commitment to peaceful protest away from the collonaded entrance to the National Assembly further up Parliament Avenue.
Opposition parties roundly criticised Parliament’s handling of the labour dispute, pointing to a dearth of leadership at the political and adminsitrative level.
On Wednesday labour federation Cosatu also condemned “the use of unnecessary force”, calling on Mbete to intervene to ensure the legal agreement Parliament had signed with Nehawu is honoured.
The political oversight authority (POA), Parliament’s in-house policy decision-making structure, was sitting while the drama unfolded outside. The afternoon sitting got under way, but not without a brief sparring over what to do given the workers’ protests.
EFF chief whip Floyd Shivambu asked for a postponement because as public representatives “we must not ignore the plight of workers”. Dlakude would have none of it: “The ANC has full confidence in the management of this Parliament”. She was supported by DA chief whip John Steenhuisen: “It is important for the nation and the world to see the business of the house continue”.
Deputy speaker Lechesa Tsenoli said the POA was briefed. “We are hoping these issues will be resolved as quickly as possibly. We proceed,” he said. And the House moved on with its business.
It was not the case in the morning, when scores of Nehawu workers moved across the parliamentary precinct. Among the committees which adjourned were the water and sanitation, appropriations and police committees.
Walking into the Good Hope Chambers, where the police committee was meeting, Nehawu members sang “ePalamente sifuna imali. Asonwabanga! (Parliament, we want money. We are not happy)” - which has become the refrain over the past three days of protest.
Political Bureau
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