JOHANNESBURG – The Constitutional Court has reserved judgment in a case in which the National Union of Metalworkers of South Africa (Numsa) workers were fired for singing a struggle song, which included references to harming the “boer” during a strike in April 2013.

Manufacturing firm Duncanmec dismissed nine workers for singing the song, which loosely translates to “my mother rejoices when I hurt a boer” during a strike in 2013.

The company sent the case all the way to the constitutional court after they lost the case in the CCMA, then went to the Labour Court to appeal the decision but the Labour Court found that the company’s dismissals was unfair and ordered to reinstate all nine employees.

During arguments in the ConCourt, Duncanmec argued that the songs have no place in the workplace and they thought the dismissal of the employees was fair and justified.

Numsa spokesperson Phakamile Hlubi-Majola said after judgement was reserved, that the company is abusing the legal system to silence the workers.

“We’ve won this case at the CCMA and Labour Court. The company was denied leave to appeal, but instead of doing the right thing and reinstating our members they’ve refused. And now they’re wasting the Constitutional Court’s time with this nonsense.”

Photo Credit- EWN

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