| (1) |
It is not the function of the police to take a view of the merits of a particular strike or lockout. Their role is to uphold the law and keep the peace. The law does, however, give the police the power to take measures that may be reasonably necessary to ensure that a strike and picket remains peaceful, unarmed and orderly. In exercising these measures— |
| (a) |
the police may only intervene with any person/s who— |
| (i) |
the police reasonably believe is in possession of a firearm or dangerous weapon; |
| (ii) |
displays a firearm or dangerous weapon; |
| (iii) |
has committed or threatens to comn:iit an assault or damage to property; |
| (iv) |
intimidates or threatens any person entering or leaving the employer's property; |
| (v) |
unlawfully prevents the employer or another person from conducting their business or from working or not working; |
| (vi) |
blocks any vehicle or person from entering or leaving the employer's premises; |
| (vii) |
breaks into or enters the employer's property without the employer's permission; |
| (viii) |
threatens or commits an act of public violence; or |
| (ix) |
commits any action prohibited by a court order. |
| (b) |
the police may only disperse a picket or gathering if— |
| (i) |
there is reasonable cause to believe that persons involved in the picket or gathering may engage in any of the crimes referred to in (a) above; or |
| (ii) |
the picket or gathering has been interdicted under a court order and the court orders the police to enforce court order; |
| (iii) |
persons involved in the picket or gathering commits or threatens to commit an act of public violence; |
| (2) |
In the context of the constitutional right to picket peacefully and unarmed and applying the factors listed in section 3(2) of the Dangerous Weapons Act, 15 of 2013 to determine whether a person intends to use the object as a dangerous weapon , a dangerous weapon is any object that could be used to injure or threaten a person or damage property. In the context of a picket there is no other justifiable use for the possession or display of such an object. Cultural implements carried by picketers must clearly not be carried or used in a manner intended to intimidate or cause harm. |
| (3) |
Fundamental to promoting peaceful industrial action and peaceful lockouts, is implementing the principle of seeking to resolve disputes as to the conduct of participants through negotiations. |
| (4) |
The police have no responsibility to enforce the Act or any picketing rules. They have no responsibility to enforce the terms of a court order interdicting a strike or a picket unless ordered to do so by a court The police may, however, assist the sheriff in serving a court order if the police think that there may be a breach of the peace. |
| (5) |
Members of the police assigned to monitor strikes, lockouts and pickets should where necessary conduct a threat analysis— |
| (a) |
should adopt a non-threatening presence; |
| (b) |
be sensitive to the potential presence of persons with disabilities and to consider their safety and security when acting to disperse any picket or gathering; |
| (c) |
should use minimum force and non-lethal equipment such as shields, rubber bullets, water cannons, stun grenades and tear gas6
|
| (d) |
should take into account that the use of that equipment can result in serious injury and even death; |
| (e) |
may only use that equipment— |
| (i) |
after non-violent means have failed; |
| (i) |
to the extent necessary, subject to prevailing circumstances and in compliance with the law and all police regulations; and |
| (ii) |
in a proportional and lawful manner. |
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6
South African Council for Educators Act, 2000
