60 Intercape drivers demand their jobs back

Over 60 bus drivers who were fired by Intercape on 7 July, are demanding that their employer gives them their jobs back. They say the company fired them for joining the National Union for All Sectors (Nufas).

One of the dismissed drivers, Muzi Kwankwa said Intercape was lying for saying they were fired for failing to follow a company instruction. “There has never been a union that has successfully entered Intercape – they have tried. They are bullies. We joined Nufas, and the owner of Intercape did as he normally does. The last union that tried to enter was in 2015 and employees were fired like us. We want to set the record straight. If we failed to follow an instruction as he claims in the letter, then why did he pay for a hotel and call a meeting with us and the bargaining council on the 9th August 2024?

“They wanted to engage us in our dismissal. A Western Cape bargaining council commissioner, who is well known, told us the company is proposing to buy us out with an amount of R60,000, as a settlement fee. We don’t know how this amount was calculated. Because there has never been a driver who has earned even R20,000 a month at Intercape,” said Kwankwa.

He said they feel insulted by the proposed settlement amount since the company denied them their basic human right to association while some of them have worked for the company for more than 10 years. “Their main problem is with the union and are targeting union members. The company owner Johann Ferreira, doesn’t want a union, because he does not want to comply with labour laws. We know that, by South African law, an employee should only be on probation for only three months and thereafter be made permanent but this is not the case at Intercape. We are not desperate and will not jump for what they are offering us. We want a union inside Intercape, so that the exploitation of black people can come to an end. (99% of drivers at Intercape are black people),” said Kwankwa.

He said they were chased out of their jobs, while they still loved working. Their skills and experience cost the company and put the safety of their passengers in jeopardy. “After they unfairly dismissed us, many Intercape buses have been involved in accidents because they hired inexperienced people, because they wanted to fill our spots,” he said.

Intercape accused of abusing workers’ rights

Spokesperson and legal advisor for Nufas, Jean Baker alleges that the unions has been effectively barred from organising workers by the bus company’s executive director who pushed workers to resign from the union. “Mr Ferreira is the main perpetrator of this unlawful conduct. He carries the membership forms to the meetings and orders them to resign from the union or leave the company as no one is allowed to join a union in his company. Misconduct is fabricated as a reason for the dismissal.”

According to Baker, the events that really led to Intercape firing the drivers last month are that after joining the union, they were summoned to meetings in groups and individually where they were forced to resign from the union. “In one meeting they were denied access to water, toilet facilities and free movement,” Baker said. The union attempted to open a case at the Cape Town Central Police Station but the police refused to, since they did not regard the employer’s conduct as criminal and as a labour dispute instead. Baker said the union has lodged a complaint with the Western Cape police ombudsman.

“In another meeting the employer stated categorically that joining a union is not acceptable at the Intercape Bus Company,” said Baker. As she tells it, Ferreira characterises the company as a successful family business that would be ruined by a union and he jealously guards against workers’ moves to organise, being quite authoritarian. In a meeting with employees, Ferreira demanded they joined the union switch off their phones and put them in a basket before the meeting starts. “He demanded the workers explain why they joined the union to which the members provided a detailed explanation of the violations they want to guard against,” she continued.

The bus company claims that the workers were dismissed after they were persuaded by a Nufas official to disobey lawful and reasonable instructions by the company. Photo by GroundUp/Ashraf Hendricks

Baker said Intercape initially suspended the workers and paid them R3,000 instead of their R14,000 salaries. “This amounts to punitive suspension which is unlawful as no finding of guilt was made at that stage. Subsequently, the members were dismissed. The union then referred the matter to the bargaining council. It is correct that the company called them to a meeting, where they were offered settlement amounts of R60,000, each driver. This we consider as grossly inadequate if regard is given to the fact that these workers lost their livelihoods for no reason other than exercising their right to join a trade union,” Baker told Elitsha.

Drivers ‘holding on’

Lwandile Pretorius, who is also part of the fired drivers, said, “This is very painful, because now our lives are stuck. We have kids, and parents who depend on our salaries. We are holding on. I am even now thinking of selling some of my assets in order to survive. It’s hard. I stay with my brother, who has been assisting with buying food and other food items. But, my debts and policies are stuck. So, surviving without a salary has been a true struggle.”

“I thought joining a union at work is within your rights as an employee. Our employer says we failed to follow company procedures, and there is no company rule that says we should switch off our phones during meetings. This is part of why they are fighting us. The owner of the company took me off a bus, while I was about to drive to Pretoria. I was embarrassed in front of the other employees. I have worked for Intercape since 2020,” said Onke Khuse.

When approached to answer our questions, Intercape referred us to a statement they released earlier this month. “A National Union For All Sectors (Nufas) trade union official has confirmed in writing that she repeatedly advised union members to disobey their employer, Intercape, reasonable and lawful instructions. This wilful defiance by workers led to a direct breakdown of trust prompting Intercape to dismiss those workers after seeking legal counsel from law firm Edward Nathan Sonnenberg (ENS). Following the dismissals, the trade union has initiated a negative media campaign besmirching Intercape, to which the company has the right to respond,” reads their statement.