Cape Town — The Labour Court will tomorrow give judgment on whether to grant an urgent interdict to stop a collective disciplinary hearing against 107 Metro police officers who participated in the blockage of the city's N2 highway in August, for several hours.

The South African Municipal Workers' Union (Samwu) is arguing that by preventing its members from conducting any cross-examination or giv ing oral evidence, the city council was in breach of an agreement with the union and its action constituted a breach of the principles of natural justice. Jason Whyte, Samwu's advocate, said the city's conduct was nothing short of a "unilateral breaking of the agreement".

All the officers were identified from photographs and video footage, and Samwu insisted on being able to question and cross- examine those involved. It also said it wanted the disciplinary process conducted individually, but the council said that would take "months and years" to complete, all at the ratepayers' expense.

Whyte said the collective process would put the reverse onus on the employees and that they would have to conduct their responses through the bargaining council at their own expense. He said the council wanted to remove "all risk from it entirely" and transfer it to the employee s.

He said when an organ of government said to an employee that it would not let them orally state their defence to the "dismissable charges of misconduct" nor would it let them call or examine witnesses, "then we are on a very slippery slope".

Andre Oosthuizen SC, for the council, said the power of the courts to intervene in an uncompleted disciplinary hearing could only happen in "exceptional circumstances" .

The council's position was that it was not a refusal to bargain and that the process was a pending disciplinary inquiry.

If the council had been found to have acted incorrectly either in procedure or on substantive issues, the labour tribunal would rule on that, he said.