GPSSBC

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The NUPSAW together with other Unions in the Home Affairs Departmental Bargaining Council has declared a dispute on the employer’s refusal to bring on par the employees from erstwhile TVBC states and Bantustans with their erstwhile RSA following the High Court overturning the judge White’s findings.

The matter is now in arbitration under the auspices of the General Public Service Sectoral Bargaining Council (GPSSBC) and we will keep you informed on developments.

SALARY NEGOTIATIONS

Once more as predicted the Government has refused to entertain proposals from other Unions for salary negotiations for 2004/5 before the elections are over. This led to NUPSAW together with other Unions walking out of the Public Service Co-ordinating Bargaining Council (PSCBC) meeting as it served no purpose to continue with such a meeting in the light of the Government’s arrogant attitude.

As we have said that we have predicted correctly that Government, because it does not want to give low increases before the elections as the may lose your vote, they opted to refuse to talk about salary increases. This however gave us, NUPSAW, as planned, an opportunity to consult with you on the demands for this year.

You are therefore requested to submit your demands through your Regional Structures on or before 17 April 2004.

COURT INTERPRETERS PARTICIPATING IN INDUSTRIAL ACTION - DISCIPLINARY HEARINGS

On the 19 April 2004 the first of the scheduled hearings commenced in Boksburg where nine Court Interpreters who are members of NUPSAW appeared. Cde Success Mataitsane and Geoffrey Esitang were ready to start with the proceedings however the matter was postponed due to the majority of the members not having received proper notices and new charges.

The next matter was in Krugersdorp today, 21 April 2004 and that is well has to be postponed after after four hours of argument on points in limine raised by the defense, Success Mataitsane. The issues were as follows :-

Application for recusal of the Chairperson on the basis that as Head of Office of the Free State Region of the Department of Justice and Constitutional Development he has prior knowledge of the matter as the strike was national and notices of intention to strike from NUPSAW as well as High Court Interdicts must have been sent to him as the Head of Free State to prepare for the strike from a management point of view.  Secondly because different stations/magistrate court's hearings will be held as scheduled he would loose his impartiality, if any, in the process if he is allowed to preside in all the hearings . This point was dismissed by the Chairperson citing that he has not even to this stage seen the High Court order. A point which is highly improbable

The most important point raised was as to whether the disciplinary proceedings has competency to decide on the question of which functionary in the Court Services is to be declared as essential service since the designation by the Essential Service Committee only designated the Court service not functionaries. Secondly the press statement issued by a Department spokesperson, Kaiser Kganyego that indeed the strike was protected since NUPSAW has referred the matter to the Bargaining Council and after a certificate of non-resolution was issued followed by a notice of intention to strike in compliance with the Labour Relations Act.

The Department representative despite the volumes of documents that he produced could still not satisfy the hearing that indeed the Court  Interpreters, as functionaries, are essential service. He therefore requested a adjournment to go and research the subject. This resulted by agreement in all of the following hearings being postponed indefinitely (sine die).

Krugersdorp Magistrate Court	21 April 2004
Boksburg Magistrate Court	5 May 2004
Springs Magistrate Court	22 April 2004
Kemptonpark Magistrate Court	3 - 4 May 2004
Benoni Magistrate Court	6 May 2004

The Department has also on the 19 April 2004 served NUPSAW with a Notice of Withdrawal in the High Court matter. This effectively means that the interdict preventing Court Interpreters from entering the Courts and department's buildings has been abandoned or is discharged following NUPSAW's notice of intention to oppose the rule nisi.