Bojanala Bus Services drivers granted right to embark on strike by Labour Court

Key points

• Court affirms strike complies with the Labour Relations Act. 
• Mvelatrans’ interdict bid dismissed due to lack of prima facie right. 
• Workers’ demands found valid; no costs awarded. 

The Johannesburg Labour Court has dismissed an urgent application by Mvelatrans (Pty) Ltd, trading as Bojanala Bus Services, seeking to halt a planned strike by members of the Democratic Municipal and Allied Workers Union of South Africa.  

The decision affirms the strike’s protection under the Labour Relations Act and confirms the union’s adherence to applicable procedural requirements. 

Mvelatrans had argued that the strike was unprotected due to non-compliance with clause 18.3 of the Main Collective Agreement governed by the South African Road Passenger Bargaining Council, which outlines a mandatory cooling-off period. 

The court, however, found that the union was entitled to issue a strike notice prior to the lapse of that period. Judge R Daniels ruled that the company failed to establish a prima facie right to the interim interdict it sought, undermining its core argument that the strike breached procedural thresholds. 

Demands and worker protections clarified 

Mvelatrans further challenged the legality of the strike since the union’s demands, including after-hours transportation for drivers and disciplinary action against certain company officials. But the court found these issues did not disqualify the strike from protection under the Labour Relations Act. 

Judge Daniels further clarified that jurisdictional proceedings before the Bargaining Council are not a bar to lawful industrial action, provided other statutory obligations are met. 

In a nod to the existing relationship between the parties, and the absence of bad faith, the court declined to issue a costs order. 

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