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The Labour Court draws the line on interdicting unprotected strikes in Boomerang Fruits v MKP

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The Labour Court draws the line on interdicting unprotected strikes in Boomerang Fruits v MKP

The recent decision of the Labour Court in Boomerang Fruits (Pty) Ltd v uMkhonto weSizwe (MKP) and Others [2025] JDR2025-061014 (LC) provides timely clarification on the legal thresholds for interdicting unprotected strikes and the limits of third-party involvement, particularly by political parties, in industrial disputes. The judgment reaffirms the legal materiality of procedural norms under the Labour Relations Act 66 of 1995 (LRA), as amended, and outlines the risks for entities that engage in conduct akin to that of a trade union without being recognised as such.

21 Jul 2025 1 min read Employment Law Alert Article

At a glance

  • The recent decision in Boomerang Fruits (Pty) Ltd v uMkhonto weSizwe (MKP) and Others [2025] JDR2025-061014 (LC) provides timely clarification on the legal thresholds for interdicting unprotected strikes and the limits of third-party involvement, particularly by political parties, in industrial disputes.
  • The Labour Court sent a strong message that political parties may not conduct themselves as substitutes for trade unions and that employers have legal recourse where they do.
  • It found that the uMkhonto weSizwe Party had acted far beyond an advisory role. It performed functions typically undertaken by a registered trade union by representing workers in mediation attempts and orchestrating a strike.

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