The recent strike by municipal workers has elicited widespread and varied reaction. The in-fighting at the municipality between the various factions has reached new heights, with the SAPS apparently becoming stuck in the middle and politicians involving themselves in the day-to-day running of the municipality.

Workers started their strike on Friday (6th), with the offices of various departments being closed and members of the public being unable to pay for the renewal of licenses or their water and electricity accounts.

The striking workers gathered in the parking lot of the civic centre where they protested, by all accounts, against the resumption of duty by the municipal manager, Ms Faith Muthambi. Muthambi is currently under investigation for her alleged involvement in the awarding of a tender and overpayment to a close friend of hers.

According to a letter in Zoutpansberger’s possession, written by Muthambi to the mayor, Ms Glory Mashaba, the workers were allegedly promised by the mayor that Muthambi would not return to work.

When Muthambi returned to office after 24 work days of leave for the investigation by the executive committee (Exco) into the allegations against her, this gave rise to the illegal strike. In the letter, Muthambi also notes that "none of the investigators ever contacted me to present my side of the story in whatever could have been found in terms of the rules of natural justice. I have also checked with my colleagues, especially the implementing departments, as to whether they were interviewed by the investigators and the response which I got from them is that they were not interviewed".

Another hot potato is the involvement of the police in the handling of the request by Muthambi to disperse the illegal strikers. Muthambi alleges that she called the station commander of the local SAPS to render assistance in dealing with the illegal strike, since "members of staff had forced the security guard to lock the doors and refuse members of (the) public who were visiting the premises to pay their consumer accounts". She deemed it her duty as accounting officer and administrative head of the institution to take action to protect both the institution and its clients, especially to prevent any matter of liability.

According to Muthambi, three SAPS members arrived, whereupon she informed them of the illegality of the strike, as well as the fact that people had been prevented from entering the premises to conduct their business. She says she requested the officers to disperse the crowd, but upon the officers’ return to the area in question, the crowd allegedly became emotional and started singing and dancing at the main entrance to the civic centre. This made service delivery impossible and staff members were prevented from doing their duty. Muthambi indicates that she phoned the station commander once again to send reinforcements to disperse the crowd.

"Meanwhile, members of the SAPS were just lingering around the premises. In a follow-up call to the Station Commander to intervene during the course of the day, she (the station commander) expressed her view that we should solve our internal squabbles and not involve the SAPS in it.

"It then came to my attention that she had had a meeting with the Mayor and shop stewards of which nobody bothered to call me to such a meeting … I urged the Station Commander anew to assist us – she would not however enforce the SAPS’s powers to get the crowd to disperse and I was at the end left with no choice other than to get a Court Order to have the crowd dispersed," Muthambi states.

Upon being informed of the court order, the crowd dispersed but re-assembled at the municipal garage, where the action resumed. The result was that Muthambi had to apply for another court order to prevent protest action at any municipal property. She also sent a report to the regional manager of safety and security, informing him of the situation and requesting his assistance.

In the meantime, the spokesperson of the SAPS in Louis Trichardt, Capt. Maano Sadike, indicated that the police’s role in such a situation is one of monitoring it and taking action if any crime is being committed, such as intimidation, threats or violence, by the protesters.

"If people do not inform us that other people were threatening or intimidating them before our arrival, we cannot just go and arrest the protesters if they are not doing anything wrong. We did not know if the strike was illegal, and even if it was, we could not do anything because the matter is an internal one. Only if a crime has been committed or if someone has laid a complaint can we act," he said.

In turn, the DA commented on the illegal strike, condemning the fact that councillors and the mayor have become involved in the regular running of the municipality. It has indicated that it suspects a conspiracy to get rid of the municipal manager, Ms Muthambi. Another cause for concern is that the Council referred the matter of Muthambi’s possible dismissal to the Exco, which is procedurally incorrect. Only the full Council can undertake such a dismissal, regardless of the powers ceded to the Exco. On top of that, permanent councillors appear to be involved in the investigation being conducted into Muthambi’s alleged misconduct. This once again contravenes the rule of non-involvement of Council in the running of the municipality. In this regard, the DA has suggested that permanent councillors be dismissed and replaced.