By Reon Janse van Rensburg

Solidarity’s Legal Department is not only the largest legal department of all South African trade unions but also one of the largest labour law practices in South Africa. In addition to a dedicated division for occupational health and safety, Solidarity boasts a team of expert legal advisors, including lawyers and advocates, who handle cases on behalf of Solidarity members. At any given time, Solidarity Legal Services handle about 1 400 cases on behalf of members  (these do not include the number of major collective disputes).

The General Litigation Division focuses on instituting legal proceedings and successfully resolving cases at institutions such as the Commission for Conciliation, Mediation and Arbitration (CCMA) and bargaining councils of the various industries in which Solidarity represents its members.

Solidarity’s Labour Law Division consists of 37 staff members; 25 are licensed lawyers and one is an advocate, all of whom specialise in labour law. Some staff members also have master’s degrees in their respective fields. Although these qualifications are helpful in taking care of Solidarity members’ interests to the best of their ability, those who work in this division are without airs and their hearts are always set on helping others.

Gerrit Visser, Head of the General Litigation Division, says this division focuses on matters in which Solidarity members are directly involved because it means that ordinary people will be able to retain their jobs, which will ensure food on the table, a future for children as will be attending good Afrikaans schools, and that the Afrikaans community can live freely, safely and prosperously.

Although these matters require the most work, they do not attract media attention, but they are responsible for congratulatory remarks in Solidarity’s corridors, which make it worthwhile for this division to continue doing what they do. Without this division, members would have been at the mercy of the government’s unfair labour practices, the racial madness that prevails in the country as well as the general decline of equity in the labour market.

General Litigation Process

• Contact Solidarity’s legal advisers on 0861 25 24 23.

• A member may call Solidarity’s legal advisers and receive advice either telephonically or through correspondence.

In cases where litigation is necessary:

• A Mandate form is faxed to the relevant member or sent by email.
• The completed mandate form must be returned together with an explanation of the member’s complaint, a signed service contract and all relevant information about the complaint.
• Membership is checked and the documents are sent as a legal inquiry to a litigant to deal with it, or a file is opened.

• The relevant litigant determines the merits of the case.

How can you get legal advice?

Contact Solidarity’s call centre on 0861 25 24 23 or send an email to diens@solidariteit.co.za