NEWSFLASH: COSATU national protest action: What employers need to know
COSATU has notified NEDLAC of its intention to embark on a nationwide protest on 7 October 2026, from 9h00 to 16h30.
COSATU will be calling upon all workers and allied trade unions to support the socio-economic protest action. COSATU is embarking on this protest because of what it terms the “economic crisis of South Africa”, with the two primary issues being the rising cost of living in South Africa as well as the call for decent work.
COSATU’s basis for the protest action of 7 October 2026 is allowed in terms of section 77 of the Labour Relations Act (“LRA”) – this section of the LRA deals with protest action to promote or defend socio-economic interests of workers. Consequently, the protest action is protected, which means that every employee, except those in essential services or a maintenance service, has the right to take part in the protest action.
Employers who have employees who are members of trade unions, under the umbrella of COSATU, should expect a higher number of leave requests for 7 October 2026.
Notwithstanding the fact that the intended protest action is protected, employers do have the right to refuse leave requests that will have a negative impact on the business. However, employers must be cautious in using a blanket approach in declining these leave requests.
Another important consideration to keep in mind is that an employer cannot take disciplinary action against an employee solely for participating in protected protest action. However, in instances when an employer can establish that their employee misconducted themselves and brought the name of the employer into disrepute, then disciplinary action could be taken.
If you need further assistance with working through the implications of the intended COSATU national protest, please contact deirdre.venter@wylie.co.za and unathi.dlamini@wylie.co.za
