The Department of Correctional Services (DCS) has noted with regret comments made yesterday (12 April 2013) by trade union Solidarity at the end of a Labour Court hearing in Cape Town.
Parties were appearing before the court to hear a point of procedure before the main trial that DCS had raised in a Labour Court dispute between Solidarity and the department.
The statement is regrettable as it seeks to distort the actual record of what transpired in court yesterday (12 April 2013). Accordingly, DCS wishes to place on record the facts which are as follows: Solidarity has challenged the appointments of certain DCS officials in the Western Cape. Supported by extensive case law in this regard, DCS raised critical points of procedure before the main trial that the officials, whose appointments were being challenged by Solidarity, needed to be joined in the proceedings as they have a direct, and substantial, interest and may be prejudiced by the judgment in the proceedings concerned.
At the start of the proceedings, Solidarity changed their approach stating that they were no longer seeking to set aside the appointments that DCS had made but that they were now seeking protected promotion for the officials on whose behalf they had lodged this dispute. Accordingly, it was no longer necessary for the court to hear the department’s argument in favour of joining the successful applicants to proceedings at hand. Therefore, the court adjourned. The matter will now go on trial.
In essence, Solidarity was no longer questioning the validity of the appointments made in line with the DCS standing Employment Equity Plan which has been approved by the Department of Labour. It is also critical to point out that the court did not make an order in respect of the costs of this application.
It is equally important to mention that on 11 February 2013, DCS and the two recognised labour unions, namely POPCRU and PSA, met to discuss a number of employee-related issues with the view to strengthening relations. Parties resolved to establish a Ministerial Task Team, headed by Mr. Teboho Mokoena - Chief Deputy Commissioner:
Human Resource and, consisting of four members of POPCRU and the PSA respectively as well as four members from DCS. The mandate of this task team is to develop meaningful, long-lasting and sustainable solutions to a number of issues including:
- Full implementation of the Occupation-Specific Dispensation (OSD) within the Department
- Implementation of an appropriate shift system for the department
- Promotion Policy
- Any other matter whose resolution shall lead to a sound union-management relationship.
The department’s current Employment Equity Plan does not feature on the Ministerial Task Team agenda, as it has been signed off, and approved, by the relevant parties. In the event that there were concerns around the plan, and its implementation, it stands to reason that one, or more, of the parties in the Ministerial Task Team would have raised this issue.
Solidarity does not enjoy recognition within DCS, as it does not meet the threshold for recognition as defined by the General Public Service Sectoral Bargaining Council (GPSSBC) constitution. Resolution 1 of 2013 clearly outlines processes in support of the GPSSBC constitution in respect of the Labour Relations Act (Section 20 on Organisational Rights).
Enquiries:
Teboho Mokoena
Chief Deputy Commissioner: Human Resource
Cell: 071 641 8928
