Rooipoort Developments (Pty) Ltd v Amcu (J 272/15) [2015] ZALCJHB 50; [2015] 6 BLLR 641 (LC) (24 February 2015) per Lallie J.

LC summary: The applicant’s obligation to refrain from violating the second respondent’s right to picket during a protected strike does not require the applicant to afford the individual respondents more rights than they had before the commencement of picketing, in order to galvanize the strike and result in the diminution of the applicant’s ability to continue its operations during a protected strike.



[1] The applicant launched this urgent application for order in the

“2 Declaring that the second and further respondents have no right to make use of the sleeping facilities on the Applicant’s premises, for the duration of the strike and lockout.

3 Ordering the Second and further Respondents to vacate the sleeping facilities on the Applicant’s premises immediately.

4 Authorising the South African Police Services to enforce the Order in players 3, 6, 7.1, and 7.2.

5 In the alternative to players 2 to 4:

5.1 Pending the outcome of a review application, to be instituted within seven days of this Order, issue an Interim Order, with immediate effect, in terms of players 2 to 4 above.

6 Interdicting and restraining the First and Second and Further Respondents from engaging in unlawful conduct during the course of the strike action including any conduct in furtherance of:

6.1 Blocking entrance to and exit from the Applicant’s premises;

6.2 Interfering with traffic of persons entering or exiting the premises;

6.3 Engaging in any acts of intimidation or violence;

6.4 Carrying weapons or dangerous objects while on the Applicant’s premises;

7 Ordering the respondents:

7.1 To remove the barricades and desist from blocking access or egress to the applicant’s premises;

7.2 To desist from caring and/or using weapons during the picket; and

7.3 to comply with the terms of the Picketing Rules relating to the conduct of the picket.

  1. Ordering the First Respondent to take all reasonable steps to manage the conduct of the picket; Ordering that the costs of this application be paid by the respondents in the event of its opposition to the granting of relief set out in the notice of motion”.