Company losing R12 million daily through illegal protest action receives favourable court order.
TWO “ringleaders” responsible for inciting community members to disrupt operations at a Durban manufacturing plant, causing the company to lose R12 million each day production was halted, were ordered this week by the Durban High Court to refrain from such activities.
They apparently wanted to dictate terms to the company on the hire of part-time workers to a sub-contractor working at the plant, and got groups of people to barricade the business entrance with tyres and debris on various days to assert their stance.
Safripol (PTY) LTD, located in Mobeni-West and operating a 24-hour chemical manufacturing plant all year long, moved a high court application against Allan Holmes and Liall Stokes, having identified them stoking the disruptions.
KwaZulu-Natal’s acting deputy judge president, Zaba Phillip Nkosi, handled the matter where non-profit company Changing Our Behaviour To Unite and the station commander of the Wentworth SAPS were the other respondents.
Holmes is listed as a director of the COBTU.
The company’s legal team comprised Advocate Dees Ramdhani SC, instructed by attorney Amy King from law firm Norton Rose Fulbright, while advocate L Sibisi represented Holmes and Stokes.
Judge Nkosi detailed 13 specific actions that Holmes and Stokes were interdicted and restrained from being involved with, either directly or indirectly, when the order was delivered on Wednesday.
It included the blockading roadway and access points leading to and from the company’s entrance on Hime Street, preventing vehicles driving in and out of the business premises, burning tyres, lighting fires and placing obstructions near Safripol’s entrance points.
They cannot damage or threaten to damage the company’s business premises, interfere with Safripol’s operations, enter the premises and threaten, intimidate, assault, harass the staff, agents, contractors or others.
Nkosi ordered the SAPS to do all things necessary to prevent any unlawful acts that affected Safripol’s operations and to dismantle and demolish obstructions to the business premises.
Ayanda Gumede, Safripol’s human resources manager, deposed a supporting affidavit.
Gumede said a letter of demand was issued to Holmes on May 16 calling for members of COBTU and the community to essentially desist from the “unlawful conduct” that hindered Safripol’s operations on May 6, 8, 9 and 10.
The letter required Holmes’ written response by 4pm the next day stating that they would refrain from all unlawful conduct hampering Safripol’s operations.
No response was provided.
Gumede said based on the snub and that similar unlawful acts carried out on February 20, March 4 and 12, necessitated Safripol’s high court action.
In the letter of demand, Holmes was reminded about the correspondence sent by their legal representatives to the COBTU, after the disruptive acts committed by their members and other residents In February/March, the organisation’s planned march to Safripol’s premises on March 20 and their subsequent written response.
COBTU’s reply on March 18 was: “We as COBTU hereby refrain from the march set for March 20, 2024.”
The letter of demand reminded Homes about the promise made in March and reiterated the wrongdoings committed in May.
On May 6, Holmes led people to Safripol’s gate and blockaded the entrance, demanded to see Gumede, made disparaging remarks and handed over a list of demands.
Two days later, he led a group back to the premises, falsely indicated he had a meeting with Safripol employees, demanded to leave CV’s at the gate and when he was told Gumede was not available, threatened to “burn the factory”.
Community members used tyres and debris to blockade Safripol’s entrance and hinder operations on May 9.
The next day, entrances were blocked, the SAPS’ were called again and two cases were opened against Holmes.
The letter of demand detailed WhatsApp messages Holmes circulated to rally support from community members and others.
His May 6 message read: “Ward 68 it's time to rise up and claim what is ours…we are being oppressed and losing out in employment due to favouritism and nepotism…”
It mentioned the false message he posted three days later: “...this is good news. Tomorrow at 6am, Safripol will be taking all discipline CV’s. Please be there… don’t be late.”
He was asked to not enter Safripol’s premises, refrain from making defamatory statements about the company on social media platforms and told that the unlawful protests resulted in substantial financial costs for Safripol.
Gumede said that on April 28, Holmes circulated a message stating that Safripol and the sub-contractor appointed to do shutdown work had overlooked them for jobs.
She stated that community groups, including COBTU, were informed via email that, the sub-contractors were considering the more 700 CVs sent directly to them for positions.
The sub-contractors held interviews at their own business premises.
Gumede said they had pictures and video footage showing Holmes and Stokes involvement in the days of protest.
“It was apparent to me that Holmes and Stokes were the ringleaders.”
She said, in another matter, Holmes was among those interdicted for interfering, threatening, intimidating Engen, staff at the Wentworth refinery and others.
Safripol manufactured specialised plastic resin products, some of which were used to manufacture plastic bottles for soft drinks and water, and had many blue-chip national and overseas customers.
Their production output was around 650 tons per day. Therefore, they planned in advance and worked around the clock.
Each day of production cost Safripol R12m.
Due to the threats they had to increase their security levels.
Gumede said they did not require compensation for the application’s, just an order preventing Holmes and Stokes from hindering their operations.
Sunday Tribune