The Amatola Water Board is in a precarious position with strikers affecting the supply of water to some municipalities.
Samwu claims the strike is legally protected by a certificate issued by the CCMA but the board maintains the strike is illegal.
A CCMA certificate of nonresolution, according to Samwu regional secretary in Amathole, Luthando Juju, is issued when parties cannot agree and workers can legally go on strike.
However, Unathi Mbali, the manager in the office of the water board’s CEO Vuyo Zitumane, said the certificate was only issued by the CCMA because the conciliation process was unsuccessful.
Mbali said strike action had affected water provision in Peddie-based Ngqushwa local municipality and Laing, which provides water to Bhisho, Zwelitsha and Dimbaza in the Buffalo City Metro. In a letter to stakeholders issued this week, Amatola Water said: “There is an ultimatum issued to striking workers to return to work or face disciplinary action.”
Juju said the workers had rejected the call.
Mbali said Amatola Water was an essential services authority and that in terms of the ministerial proclamation, employees could only embark on a strike when there was a minimum services agreement in place, which was not the case at Amatola Water. Mbali said: “As an essential service industry, the CCMA advised that a strike would not be protected and that the matter would have to be referred for mutual interest arbitration. This has been done and the meeting has been scheduled for 11 September.
“The strike remains unprotected and charges will be considered in respect of all acts of misconduct,” he said.
Mbali said Amatola Water was doing everything possible to ensure service delivery.