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COSATU (Congress of South African Trade Unions) – the largest trade union federation in South Africa – has called for a national day of action in terms of Section 77 of the Labour Relations Act (LRA) for Thursday, 26 February 2026, in response to what it claims are exorbitant increases in membership contributions to the Government Employee Medical Scheme (GEMS).

Background

Public‑service unions affiliated to COSATU (including DENOSA, NEHAWU, SADTU, POPCRU, SAMATU, PAWUSA and SAEPU) have rejected GEMS’s 2026 member‑contribution increases, arguing that they far outstrip public‑servant wage adjustments and the regulator’s guidance. Unions note that GEMS implemented a 13.4% increase in 2025 and 9.8% in January 2026. Although GEMS indicated a revision to 9.5% since the January announcement, this still results in roughly 23% cumulative hikes over two years, as opposed to wage adjustments of 5.5% in 2025/26 and 4% in 2026/27.

Unions referenced the Council for Medical Schemes’ (CMS) guidance of an average 3.3% increase for 2026, contending that GEMS went well beyond this recommendation. GEMS, for its part, has framed the increases as necessary to meet solvency and long‑term sustainability requirements.

Beyond the quantum, unions raised governance concerns at GEMS – from board composition to non‑healthcare costs – asserting that the scheme has deviated from its original mandate linked to the Public Service Co-Ordinating Bargaining Council which is to deliver affordable, solidarity‑based cover for lower‑ and middle‑income public servants.

Legalities of this Protest Action

COSATU indicates that the day will include marches and pickets, with a focal demonstration at GEMS Head Office in Menlyn Maine, Pretoria.

Section 77 protests are not ordinary wage‑dispute strikes; they are a special form of protected protest action aimed at promoting or defending workers’ socio‑economic interests, and they can lawfully involve employees across both public and private sectors.

Legally, Section 77 action is protected if the federation has complied with the process administered through the National Economic Development and Labour Council (NEDLAC). Employer notices and industry circulars confirm that NEDLAC has accepted the notice for the 26 February 2026 action, and employers are therefore urged to comply with the usual Section 77 rules such as no‑work‑no‑pay and no discipline merely for participation in the protected protest action.

All employees, from both the public and private sector, are entitled to participate in the protected protest action provided that they are not engaged in essential or maintenance services with the latter being excluded from participating in Section 77 protest action while on duty.

Anticipations

Employers should expect the following operationally on 26 February:

Absenteeism in both public and private sectors, particularly in Gauteng (due to the Pretoria focal point) and in metros where COSATU has strong organising capacity. Organisations that rely on public‑sector interfaces (licensing, permitting, inspections, education, health, justice) may experience knock‑on delays.

• Traffic disruptions and crowding in Pretoria East around Menlyn Maine (GEMS headquarters) during business hours, with possible spill‑overs if satellite pickets occur at GEMS regional offices.

On‑the‑day normal rules of conduct still apply. Protest action is protected, but misconduct (e.g., intimidation, damage to property, and violence) is not. Employers can act against misconduct using normal disciplinary procedures.

Preparing for the Protest

Be sure to do the following ahead of 26 February:

• Issue a staff notice confirming that COSATU’s Section 77 protest is protected, that lawful participation will not attract discipline, and that the no‑work‑no‑pay principle will apply.
• Map operational risks and staffing gaps (especially where your operations rely on public‑sector interfaces) and plan for transport congestion around GEMS Head Office, Menlyn Maine (Pretoria) if you have teams in Gauteng.
• For essential/maintenance services, confirm minimum staffing and remind employees these categories may not participate during working hours.
• Put in place simple attendance tracking.
• Tighten access control.
• Reiterate that while participation is protected, misconduct (e.g., intimidation, damage to property etc.) is not and will be addressed under your disciplinary code.

Balance Rights and Operational Continuity

Ultimately, Section 77 protest action is a vital, lawful mechanism in South Africa’s labour framework. It is an outlet for workers to rally around socio‑economic issues when other forums fail, grounded in LRA and guided by NEDLAC’s Code of Good Practice to balance freedom of assembly with orderly process.

With timely preparation and proper planning, employers can mitigate operational disruption while respecting employees’ rights and maintaining service continuity.