After a 90-minute hearing, the Constitutional Court has reserved judgment in a case involving 173 fruit farm workers who went on strike to challenge their apartheid-era single-sex hostel housing and living conditions at the Oak Valley Estate in Grabouw, reports the Cape Argus.

The journey to the Constitutional Court began in May 2019, when 173 Oak Valley Estate employees, organised by the Commercial, Stevedoring, Agriculture and Allied Workers Union (CSAAWU), went on strike against what they saw as racial discrimination in Oak Valley’s employment practices and the payment of wages on which it was not possible to lead a dignified life.

It was when the strike ‘triggered incidents of intimidation, damage to property, and interference with Oak Valley’s business operations, as well as breaches of the picketing rules determined by the CCMA,’ that Oak Valley Estate went to the Labour Court seeking an interdict against CSAAWU and 173 employees.

The order was granted, but on appeal, the Labour Appeal Court refused to uphold parts of the Labour Court’s order.

Appearing for the workers and the CSAAWU at the Constitutional Court, Advocate Irene De Vos argued that the Labour Appeal Court applied the incorrect test for establishing whether the final interdict ought to have been granted against the employees who remained on strike while others returned to work.

De Vos said that the papers and the findings of the Labour Court and Labour Appeal Court do not establish a factual link between the applicants and the conduct they were interdicted and restrained from committing.

Oak Valley did not oppose the appeal and did not file opposing papers.

Full Cape Argus report