Concern over KZN health department's slow process to seek court interdict against striking workers amid intimidation

Workers protesting outside the Inkosi Albert Luthuli hospital in Durban earlier this week. While some protests have been peaceful, the department of health said it was aware of intimidation of workers. File Picture: Tumi Pakkies African News Agency (ANA).

Workers protesting outside the Inkosi Albert Luthuli hospital in Durban earlier this week. While some protests have been peaceful, the department of health said it was aware of intimidation of workers. File Picture: Tumi Pakkies African News Agency (ANA).

Published Mar 10, 2023

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Durban - Opposition parties have raised concerns about the KwaZulu-Natal Health Department being too slow to obtain an interim court interdict to stop the violence and intimidation of health workers by striking workers.

This follows reports of violence and intimidation by striking National Education, Health and Allied Workers’ Union (Nehawu) workers at KwaZulu-Natal health facilities on Wednesday.

The provincial Health Department said it had started a legal consultative process to obtain an interim court interdict to stop Nehawu members from blocking access to provincial health facilities and intimidating staff.

Meanwhile, the national Department of Health said the Free State, Gauteng, Northern Cape and Eastern Cape had successfully applied for interim court interdicts.

In a joint statement, Health Minister Joe Phaahla and the Gauteng Health MEC said the Department of Health continued to observe the Nehawu strike and its impact on health-care services.

“The strike has turned to be violent and a threat to human life as the protesters prevent and block non-striking workers from entering facilities to render much-needed services to communities.”

The department said it advised provincial departments to apply for court interdicts to protect workers and property.

KZN Health Department spokesperson, Mdu Ncalane, said they were still in the legal consultative process to get an interim court interdict against Nehawu workers.

“We have entered a consultative process to get an interim court interdict to stop the intimidation of health workers that can come at any time. It can come even late at night. Rest assured we will make it known to the unions concerned that the court interdict has been obtained.”

The KZN Department of Health said that as the strike entered its fourth day yesterday, it noted a high rate of staff absenteeism, intimidation of workers, as well as difficulties of access health-care facilities, especially in the eThekwini, uMgungundlovu and Ilembe Districts, which had been blockaded by the protesters.

“All of this has had a dire impact in various critical areas in the public health value chain, such as hospital intensive care and high-care units, emergency medical services, obstetric (maternity) wards, accidents and emergency units, orthopaedic wards, casualty, laboratory services, as well as medico-legal mortuaries.”

The department said the senior management of the department had been closely monitoring and evaluating the situation, and meeting at least twice a day.

“The department has had to implement a contingency plan which entails, among others, the rationing of resources where possible, beefing up of security, as well as alternative means of food supply.”

The Health Professions Council of SA (HPCSA) said it had noted with concern the recent acts of violence and intimidation taking place at different health care-centres and hospitals due to the ongoing Nehawu strike.

“The HPCSA has a responsibility of ensuring the protection and safety of members of the public and health-care workers registered with the council.

“Council condemns these violent actions related to the strike as they will have a negative impact on the healthcare services that are being provided at different hospitals by health practitioners.”

Canaan Mdletshe, of the National Freedom Party said that the KZN health department should have intervened as a matter of urgency.

“The strike by Nehawu members has a negative effect and can be catastrophic if not attended urgently.

“The MEC and HoD (head of department) should have approached the courts already because if this strike continues, it spells disaster. We understand and support what workers are calling for, but the lives of patients and people of KZN should be prioritised and protected by all means necessary.”

DA spokesperson Edwin Baptie said the department should not have hesitated in getting an interdict.

“They knew it was coming but didn’t do anything. Look at how much damage has been done, health workers have been attacked and patients have suffered because of Nehawu’s illegal strike.”

Baptie added that the government should have been proactive in resolving this situation.

“They should have been working with the police to stop this. We will have to just wait and see what the assessments of the damage are and the full impact of this strike.”