The Labour Court reserved judgment on Thursday on the validity of possible strike at the SABC, a decision which hangs on the definition of a dispute.

"I understand this is an urgent application. [But] I will need time to consider your arguments," said Judge Irene Nyathela.

Thursday's appearance in the Labour Court was brought about by the SABC who asked for a review of a certificate, granted by the Commission for Conciliation, Mediation and Arbitration last week, which would allow the Communications Workers Union (CWU) and Media Workers Association of SA (Mwasa) to strike.

The unions have since abandoned the use of the certificate in favour of awaiting the Labour Court's blessing for a strike action.

SABC lawyer Puke Maserumule accused the union of wanting to strike before wage negotiations had begun.

"The want to take a shortcut because a strike is disruptive and the quickest way to get what they want."

Maserumule argued that, technically, a strike could only follow a dispute, which did not exist between the broadcaster and its employees. He said that discussions over the past months were not negotiations over wages but rather, "strategic meetings" about the implementation of a pre-existing agreement of a wage increase.

"They have accused my client ? perhaps correctly ? of having... delayed an agreement. But there is an agreement to be applied," said Maserumule.

The union's lawyer Reynaud Daniels argued that this was hair-splitting as negotiations over wages had occurred despite the nomenclature used to describe the meetings.

"Representatives put forward a [wage] agreement which was rejected and a counter-offer was made. One's left with what's clearly a dispute."

Maserumule said representatives who appeared in strategic meetings on behalf of management did not have a mandate from the Board of Directors to discuss wage increases and that any wage negotiations would have had to happen in a bargaining council.

"[The SABC] has said it should happened in a bargaining council. Where any wage negotiations happen is a non-starter. It's a bit of a red-herring," said Daniels.

A previous agreement

The previous agreement which he referred to, Maserumule said, was an exclusive discussion on a wage increase tied to inflation and not negotiations on wage increase itself.

He said the broadcaster could not afford the increase due to its present financial situation but that discussions were about the previous agreement's implementation and not a separate wage increase.

Maserumule said a strike was premature because wage negotiations had not yet been initiated, though when these could be initiated are not known.

"We will like to go into negotiations. That is why we are here, but with a mandate ? but at the moment we don't have a board, but when we do we will like to negotiate."

The SABC board currently only has one remaining member as the others have all resigned.

Nyathela has reserved judgment until 3 July.

At the request of Maserumule, Nyathela also extended an order which prevents the CWU and Mwasa from organising a strike ahead of the ruling.