Abstract
Industrial action is South Africa has been and continues to be marred by violence. Strike-related violence has become a destructive feature of industrial action in this country and South Africa has been branded ‘the protest capital of the world.’ The nature of strike violence varies depending on the circumstances of the strike but usually includes destruction of property, assault and intimidation (especially of non-strikers) and road closures. Notwithstanding labour laws that regulate industrial action in South Africa, there has been an increase in violent and protracted strikes in South Africa since 2006. Violent strikes have devastating effects not only on foreign investment and economic development, they also pose a serious risk of loss of life and destruction of properties.
The high prevalence of violent strikes (and other forms industrial action) has prompted the Labour Court to consider the question whether it has powers in law to alter the status of a protected strike that has turned violent. The purpose of this dissertation is to establish if a labour court has powers to declare unprotected a protected strike that has turned violent and, if so, on what legal basis can this be achieved. The Labour Relations Act does not address this issue. This dissertation seeks to answer this question by considering the South African labour relations law, academics writings, case law, international and foreign law specifically the regulation of violent strikes/ industrial action in the United States and the United Kingdom. The dissertation concludes by making proposals upon which a labour can alter the status of protected strike on account of violence.