Nicola Mawson|Published
Legal Aid South Africa employees will resume strike action on Monday, October 19, with the South African Lawyers and Allied Workers Union (SALAWU) accusing the justice minister, Parliament and Legal Aid SA management of failing to honour undertakings to address workers’ grievances.
The industrial action will continue until further notice, according to SALAWU, which says it suspended its previous strike in June because of the impact on the country's justice system.
In a formal notice dated October 14, and seen by IOL, SALAWU confirmed it was lifting the suspension of its June strike after what it described as a failure by the three institutions to resolve employees’ demands.
The union previously downed tools on June 17 and 18, but suspended the action after it began affecting the justice system.
SALAWU said it had expected Legal Aid SA, the Department of Justice and Constitutional Development and Parliament’s Portfolio Committee on Justice and Constitutional Development to intervene.
Instead, it accused the institutions of having “failed dismally” and displaying “a total disregard of employees’ interests”.
Pay disputes
According to a source familiar with the union’s address on Wednesday, the union is demanding outstanding payments under the occupational-specific dispensation (OSD), the unpaid 25% portion of last year’s incentive bonus and the payment of bonuses.
It has also raised concerns that Legal Aid SA’s efforts to reduce costs through downsizing and rationalisation could eventually lead to retrenchments if the measures fail to address the organisation’s budget shortfall.
These are concerns raised by the union, rather than confirmation that Legal Aid SA has initiated retrenchment proceedings.
A source familiar with the union’s address on Wednesday said SALAWU had accused the justice minister and Parliament of repeatedly cancelling scheduled meetings and failing to honour undertakings to engage the parties.
“Middle finger”
The union accused the minister of “showing labour the middle finger”, the source said.
The timing of the strike is deliberate, with workers planning industrial action on 19 and 20 October ahead of the medium-term budget speech scheduled for 21 October.
Although the union intends to assess the action on Tuesday, its formal notice states that the strike will continue until further notice.
The dispute has also exposed tensions between SALAWU and Legal Aid SA’s board. In a letter dated September 13, the union requested an urgent meeting with the board within seven working days to discuss its outstanding demands.
Responding on October 5, board chairperson NM Mbhele agreed that a meeting would be arranged at a mutually convenient time but expressed concern about the tone and language of SALAWU’s correspondence.
The board also maintained that the union’s recognition agreement established channels of engagement through management and did not give SALAWU the right to summon board members to a meeting.
SALAWU rejected that position in a response dated October 8, arguing that nothing in law prevented it from engaging the board directly on matters affecting employees.
The union maintains that no meeting date has been proposed, despite its request having been before the board since September.
Paper trail
The dispute has produced two certificates of non-resolution from the CCMA – one issued on January 14, 2026, and a further one on May 11, 2026, after which picketing rules were agreed, identifying Legal Aid SA offices, courts, the Department of Justice’s Pretoria headquarters and Parliament in Cape Town among the designated locations for demonstrations.
SALAWU has requested that Legal Aid SA’s board chairperson and CEO receive a memorandum of demands on Monday between 11am and 1pm.
The potential impact on the justice system remains unclear, including how many employees will participate and whether criminal trials, bail applications and other proceedings will be affected.
Legal Aid SA spokesperson Godfrey Matsobe told IOL that a media statement addressing the matter was undergoing management review and approval and would be shared once approved.
IOL asked for comment via email on two occasions, with the second sent shortly ahead of the noon deadline, and attempted to call the organisation’s listed national office number, 011 877 2000, which was found to be non-operational.
The Department of Justice and Constitutional Development was also approached for comment on the union’s allegations concerning the minister and the potential impact on court services. It had not responded by the time of publication.
This story will be updated once feedback has been received.
IOL BUSINESS