BOFEPUSU pours cold water on BOPEU mediation

Goitsemodimo Kaelo | Wednesday March 23, 2016 14:23

Yesterday, BOFEPUSU secretary general, Tobokani Rari, told journalists that the labour federation was pushing ahead with its appeal and said there was no crisis warranting mediation with BOPEU. Last week, Industrial Court president, Justice Tebogo Maruping ruled in favour of BOPEU application for BOFEPUSU to be kicked out of the Bargaining Council. The judge also ordered BOFEPUSU, BOPEU and all unions recognised by their employers to go for independent mediation to resolve their differences.

Rari said the judge also erred by ordering mediation since there is a party that meets the required threshold for admission into the PSBC.

“Manual Workers qualifies so it can apply and amend the constitution. We are not against mediation but we believe there is no crisis that calls for mediation. I don’t want to be heard to be as if we are looking down at Maruping’s order.

“It should not be seen as though we are being unreasonable by not going for mediation, but we will consider mediation if the highest court does not agree with us,” he said.

Rari said Maruping’s judgment had “glaring errors” and the federation wanted the country’s highest court to review it.

He said the judge erred by saying that BOFEPUSU was not entitled to be admitted into the Bargaining Council because it was a collective of affiliates and not an individual affiliate.

He said their interpretation of the PSBC constitution allows admission into the PSBC under the “Acting Jointly” agreement. He said that in their view, Maruping confused the BOFEPUSU acronym admitted into the PSBC with BOFEPUSU the federation.

“The PSBC constitution provides for an Acting jointly Agreement admission. BOFEPUSU was not admitted as a federation but as an acronym.

That’s another particular point of fact he overlooked. We want CoA to help us with the interpretation because now the PSBC constitution has been altered,” he said.